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Non Compete Non Circumvent Agreement for Indonesia

Non Compete Non Circumvent Agreement Template for Indonesia

This Non-Compete Non-Circumvent Agreement is a legal document designed under Indonesian law to protect business interests by preventing parties from engaging in competitive activities or circumventing established business relationships. The agreement addresses both competitive restrictions and protection of business relationships, structured to comply with Indonesian Civil Code and relevant employment laws. It includes specific provisions for temporal and geographical limitations, scope of restricted activities, and protection of business relationships, all crafted to ensure enforceability under Indonesian jurisdiction while maintaining reasonable commercial protections.

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What is a Non Compete Non Circumvent Agreement?

The Non-Compete Non-Circumvent Agreement is essential in Indonesian business relationships where parties need to protect their commercial interests, business relationships, and competitive advantage. This document is particularly relevant when parties share sensitive business information, establish valuable business relationships, or engage in collaborative business activities. The agreement must carefully balance business protection with Indonesian legal requirements, particularly concerning employment rights and competition laws. It typically includes specific provisions regarding the scope of restrictions, duration, geographical limitations, and protection of business relationships, all structured to ensure compliance with Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) and relevant commercial regulations. The document is commonly used in business partnerships, employment relationships, and commercial collaborations where protection against competition and circumvention is crucial.

What sections should be included in a Non Compete Non Circumvent Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Territory', etc.

4. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations

5. Non-Circumvention Obligations: Provisions preventing direct or indirect circumvention of business relationships and opportunities

6. Duration and Territory: Specific timeframe and geographical scope of the restrictions

7. Confidentiality Obligations: Requirements regarding handling and protection of confidential information

8. Permitted Activities: Clear outline of activities that are explicitly allowed despite restrictions

9. Consideration: Details of compensation or benefit provided in exchange for the restrictions

10. Acknowledgments: Parties' acknowledgments regarding reasonableness of restrictions and receipt of consideration

11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

12. General Provisions: Standard clauses including governing law, dispute resolution, and notices

What sections are optional to include in a Non Compete Non Circumvent Agreement?

1. Special Business Relationships: Additional provisions for specific business relationships or opportunities that need protection

2. International Operations: Additional provisions for cross-border activities and international law considerations

3. Integration with Employment Agreement: Used when the NCNCA is linked to an employment relationship

4. Digital Assets and Online Activities: Specific provisions regarding online business activities and digital platforms

5. Training and Trade Secrets: Additional provisions when specialized training or trade secrets are involved

6. Exit Provisions: Specific procedures and obligations upon termination of business relationship

What schedules should be included in a Non Compete Non Circumvent Agreement?

1. Schedule A - Restricted Territory: Detailed description and/or maps of geographical areas covered by restrictions

2. Schedule B - Competing Business Activities: Detailed list of specific activities, businesses, or industries considered competitive

3. Schedule C - Protected Relationships: List of specific clients, suppliers, or business relationships covered by non-circumvention

4. Schedule D - Consideration Details: Detailed breakdown of any compensation or benefits provided

5. Schedule E - Confidential Information: Detailed categorization of information considered confidential under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions









































Clauses



































Relevant Industries

Technology and Software

Manufacturing

Professional Services

Financial Services

Healthcare and Pharmaceuticals

Telecommunications

Energy and Resources

Real Estate and Construction

Trading and Distribution

Research and Development

Consulting Services

E-commerce

Industrial Design

International Trade

Relevant Teams

Executive Leadership

Business Development

Sales

Research and Development

Product Development

Strategic Planning

Commercial Operations

Partner Relations

Client Services

Project Management

Technical Operations

Market Development

International Business

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Sales Director

Chief Technology Officer

Senior Consultant

Project Manager

Account Executive

Business Partner

Strategic Alliance Manager

Regional Director

Product Development Manager

Commercial Director

Operations Manager

Research Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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