This NDA and NCA Agreement is specifically designed for use in Indonesia, where the protection of confidential information and competitive interests must align with local legal requirements. The document is typically used when establishing business relationships, employment arrangements, or partnerships where sensitive information will be shared and competitive restrictions are necessary. It combines confidentiality obligations under Law No. 30 of 2000 on Trade Secrets with non-compete provisions that comply with Indonesian labor and competition laws. The agreement is particularly relevant in situations involving key employees, business partnerships, or technology transfers, where protecting both confidential information and market position is crucial.
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1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, disclosure, and protection requirements
5. Non-Competition Obligations: Specifies the scope of non-compete restrictions, including geographic area, time period, and prohibited activities
6. Duration and Survival: Specifies how long the confidentiality and non-compete obligations remain in effect
7. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination or request
8. Breach and Remedies: Outlines consequences of breach and available remedies, including injunctive relief
9. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for dispute resolution
10. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers - included when broader protection is needed
2. Separate Undertakings: Separates restrictions by territory or activity to ensure partial enforceability - used in complex multi-jurisdiction agreements
3. Garden Leave: Provisions for paid leave during notice period - included in employment-related agreements
4. Data Protection: Specific provisions for handling personal data - included when personal data processing is involved
5. Assignment and Succession: Rights to assign the agreement - included for corporate agreements or when succession planning is relevant
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Restricted Territory: Specific geographic areas where non-compete restrictions apply
3. Schedule 3 - Restricted Activities: Detailed description of prohibited competitive activities
4. Appendix A - Security Measures: Required security measures for protecting confidential information
5. Appendix B - Authorized Representatives: List of individuals authorized to receive or handle confidential information
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