This Corporate Non Disclosure Agreement is essential for businesses operating in Indonesia who need to protect confidential information during business negotiations, partnerships, or other commercial relationships. The document is structured to comply with Indonesian law, particularly Law No. 30 of 2000 on Trade Secrets and the Indonesian Civil Code (KUHPerdata). It is commonly used in situations involving potential business collaborations, due diligence processes, joint ventures, or any scenario where sensitive corporate information needs to be shared. The agreement incorporates specific provisions for electronic information protection under Law No. 11 of 2008 and considers requirements for both domestic and international business relationships within the Indonesian jurisdiction.
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1. Parties: Identification of the parties entering into the NDA, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the proposed business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when the confidential information includes IP-sensitive material
2. Data Protection: Additional provisions when personal data is involved in the confidential information exchange
3. Non-Solicitation: Restrictions on soliciting employees or customers, used when there's risk of talent or business poaching
4. Non-Competition: Restrictions on competitive activities, included when sharing particularly sensitive business information
5. Representatives and Warranties: Additional warranties about the confidential information and authority to disclose, used in complex corporate relationships
6. Force Majeure: Provisions for unforeseen circumstances, included when long-term information sharing is contemplated
7. Electronic Information Security: Specific provisions for digital information protection, used when significant electronic data is involved
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized recipients to sign
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