This Software Developer NDA is essential for companies engaging software developers in Indonesia, whether as employees or contractors. The document is designed to comply with Indonesian legal requirements, particularly the Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) and Law No. 30 of 2000 on Trade Secrets. It should be used before sharing any sensitive technical information, development methodologies, source code, or business strategies with software developers. The agreement provides comprehensive protection for confidential information while accounting for the specific needs of software development projects, including provisions for electronic data security and intellectual property protection. It's particularly important in Indonesia's rapidly growing technology sector, where protection of digital assets and development-related intellectual property is crucial.
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1. Parties: Identification of the company and the software developer, including complete legal names and addresses
2. Background: Context of the agreement, explaining the software development relationship and need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', 'Software', 'Source Code', and 'Development Materials'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the software development context
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized employees or legal requirements
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and conditions for termination
9. Breach and Remedies: Consequences of breach and available legal remedies
10. Governing Law and Jurisdiction: Specification of Indonesian law and jurisdiction for dispute resolution
1. Non-Competition: Restrictions on competing activities, optional for more comprehensive protection but must comply with Indonesian employment law restrictions
2. Non-Solicitation: Restrictions on soliciting employees or clients, included when there's significant client interaction
3. Intellectual Property Rights: Detailed provisions about IP ownership and assignment, needed when development involves creation of new IP
4. Survival: Specification of obligations that continue after termination, important for long-term projects
5. Data Protection: Specific provisions relating to personal data protection, needed when processing personal data
6. Audit Rights: Right to audit compliance with confidentiality obligations, useful for high-security projects
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information types covered
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Authorized Personnel: List of personnel authorized to access confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by employees/subcontractors
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