The Mutual Confidentiality and Non-Disclosure Agreement is essential for businesses operating in Indonesia that need to share sensitive information while maintaining legal protection. This document is typically used during business negotiations, due diligence processes, joint ventures, or any collaborative arrangements where confidential information exchange is necessary. It ensures compliance with Indonesian regulations, particularly the Trade Secrets Law and Civil Code, while providing both parties with equal protection and clearly defined obligations. The agreement is structured to accommodate both domestic and international business relationships, incorporating necessary provisions for cross-border information sharing while maintaining enforceability under Indonesian jurisdiction.
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1. Parties: Identification of all parties entering into the agreement, including their full legal names, addresses, and company registration details
2. Background: Context of the agreement, including the purpose of information sharing and the relationship between the parties
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliate'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required procedures and measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Specific Project Provisions: Used when the NDA relates to a specific project or transaction, defining the scope and nature of the project
2. Data Protection Compliance: Required when personal data processing is involved, ensuring compliance with Indonesian data protection regulations
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Intellectual Property Rights: Additional provisions regarding IP ownership and rights when IP-sensitive information is involved
5. Export Control: Required when dealing with international parties or information subject to export control regulations
6. Force Majeure: Optional clause addressing unforeseen circumstances, particularly relevant in long-term NDAs
7. Digital Security Measures: Specific provisions for digital information protection, required when dealing primarily with electronic data
1. Schedule 1 - Authorized Representatives: List of authorized representatives from each party who may access confidential information
2. Schedule 2 - Security Protocols: Detailed security procedures and requirements for handling confidential information
3. Schedule 3 - Specific Information Categories: Detailed categorization of different types of confidential information covered
4. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by representatives accessing confidential information
Authors
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Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Pharmaceuticals
Energy
Mining
Telecommunications
Professional Services
Education
Retail
Real Estate
Agriculture
Construction
Automotive
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Information Technology
Human Resources
Finance
Operations
Procurement
Compliance
Corporate Strategy
Product Development
Mergers and Acquisitions
Innovation
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Technology Officer
Project Manager
Research Director
Chief Financial Officer
Operations Manager
Human Resources Director
Procurement Manager
Strategic Partnership Manager
Investment Manager
Technical Director
Compliance Officer
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