The Non Disclosure Contract serves as a critical legal instrument in Indonesian business operations, essential for protecting confidential information and trade secrets during business negotiations, partnerships, or employment relationships. It is particularly relevant given Indonesia's developing intellectual property landscape and the specific requirements under Law No. 30 of 2000 on Trade Secrets. This document is commonly used before beginning substantive business discussions, during due diligence processes, in employment contexts, or when sharing sensitive technical, commercial, or operational information. The agreement must comply with Indonesian Civil Code requirements for contract formation and enforcement, while addressing specific aspects of confidentiality protection under local law.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'
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
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements under Indonesian law
1. Security Measures: Specific security protocols required for handling confidential information, particularly relevant for technical or highly sensitive information
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when business relationship involves access to personnel or customer information
3. Intellectual Property Rights: Clarification of IP ownership and rights, particularly relevant when shared information includes patents, copyrights, or trade secrets
4. Data Privacy Compliance: Specific provisions for handling personal data under Indonesian data protection laws, needed when confidential information includes personal data
5. Export Control: Compliance with export control laws, relevant for international businesses or technology transfer
6. Force Majeure: Provisions for extraordinary events affecting compliance, particularly relevant in long-term NDAs
7. Electronic Information Handling: Specific provisions for digital data handling under Law No. 11 of 2008, needed when confidential information is in electronic form
1. Schedule 1 - Categories of Confidential Information: Detailed listing of specific types or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives or employees who will have access to confidential information
5. Appendix B - Data Destruction Certificate: Template certificate confirming destruction of confidential information when required
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