The Non Disclosure Non Use And Non Circumvention Agreement is essential for businesses operating in Indonesia who need to protect their confidential information and business relationships during negotiations, partnerships, or other commercial interactions. This document is particularly relevant when parties are exploring potential business opportunities, sharing sensitive information, or engaging in preliminary discussions that could lead to more substantial business relationships. It incorporates specific provisions required under Indonesian law, including compliance with the Civil Code (Kitab Undang-Undang Hukum Perdata) and Trade Secrets Law. The agreement is designed to prevent misuse of confidential information, unauthorized disclosure to third parties, and any attempts to bypass or circumvent existing business relationships, making it particularly valuable for international business transactions and domestic partnerships within Indonesia.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and company registration details
2. Background: Context of the business relationship and purpose of entering into the agreement
3. Definitions: Detailed definitions of key terms including Confidential Information, Authorized Purpose, Representatives, and Circumvention
4. Scope of Agreement: Overview of the three main obligations and their general application
5. Confidential Information: Detailed description of what constitutes confidential information and exclusions
6. Non-Disclosure Obligations: Specific obligations regarding the protection and non-disclosure of confidential information
7. Non-Use Obligations: Restrictions on the use of confidential information and permitted purposes
8. Non-Circumvention Obligations: Provisions preventing direct or indirect circumvention of business relationships
9. Permitted Disclosures: Circumstances under which confidential information may be disclosed
10. Security Measures: Required procedures and measures for protecting confidential information
11. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination
12. Term and Termination: Duration of the agreement and termination provisions
13. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
14. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Specific Industry Regulations: Additional provisions for regulated industries (e.g., financial services, healthcare)
2. Data Protection: Specific provisions for personal data protection when personal data is involved
3. Intellectual Property Rights: Additional provisions regarding IP rights when significant IP is involved
4. Non-Solicitation: Provisions preventing solicitation of employees or customers, if relevant
5. Insurance Requirements: Specific insurance obligations for high-value or high-risk relationships
6. Audit Rights: Provisions allowing audit of compliance with agreement obligations
7. Force Majeure: Provisions for unforeseen circumstances affecting performance
8. Alternative Dispute Resolution: Mediation or arbitration provisions as alternatives to court proceedings
1. Schedule A - Confidential Information: Detailed list and description of specific confidential information covered
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols to be followed
4. Schedule D - Permitted Purpose: Detailed description of the authorized purposes for information use
5. Appendix 1 - Acknowledgment Form: Form for representatives to acknowledge their obligations under the agreement
6. Appendix 2 - Information Return Certificate: Certificate confirming return or destruction of confidential information
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