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Proprietary Information Contract for Indonesia

Proprietary Information Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes confidentiality obligations and protection measures for proprietary information shared between parties. This document incorporates requirements from Indonesian Trade Secret Law (Law No. 30 of 2000) and recent data protection regulations, providing mechanisms for protecting confidential business information, trade secrets, and intellectual property. It defines the scope of protected information, permitted uses, security requirements, and remedies for breach, while ensuring compliance with local regulatory requirements and business practices.

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Proprietary Information Contract

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What is a Proprietary Information Contract?

The Proprietary Information Contract is essential for businesses operating in Indonesia that need to protect their confidential information when sharing it with third parties. This document is commonly used in scenarios involving business partnerships, vendor relationships, consulting arrangements, or any situation where sensitive information needs to be disclosed while maintaining its confidentiality. It is structured to comply with Indonesian legal requirements, particularly Law No. 30 of 2000 on Trade Secrets and the Personal Data Protection Law of 2022. The agreement is crucial for protecting trade secrets, technical know-how, customer data, business strategies, and other proprietary information that provides competitive advantage. It includes specific provisions for information handling, security measures, and breach remedies that are enforceable under Indonesian law.

What sections should be included in a Proprietary Information Contract?

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

2. Background: Context of the relationship and purpose of sharing proprietary information

3. Definitions: Detailed definitions of key terms, especially 'Proprietary Information', 'Confidential Information', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes proprietary information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of proprietary information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Required procedures and systems for protecting proprietary information

8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request

9. Term and Termination: Duration of the agreement and termination provisions

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 disputes

What sections are optional to include in a Proprietary Information Contract?

1. Non-Competition: Restrictions on competitive activities, used when there's a risk of competitive advantage through information access

2. Non-Solicitation: Restrictions on soliciting employees or customers, included when business relationships need protection

3. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses, used when proprietary information includes IP

4. Data Protection Compliance: Specific obligations under Indonesian data protection laws, required when personal data is involved

5. Export Control: Compliance with export control regulations, needed for international transfers of technical information

6. Audit Rights: Right to audit compliance with security measures, useful for high-risk information sharing

7. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value proprietary information

8. Survival Clauses: Specific provisions that continue after termination, important for long-term protection needs

What schedules should be included in a Proprietary Information Contract?

1. Schedule A - Designated Representatives: List of authorized personnel who may access or handle the proprietary information

2. Schedule B - Description of Proprietary Information: Detailed categorization and description of the specific proprietary information covered

3. Schedule C - Security Protocols: Detailed security procedures and requirements for handling the information

4. Schedule D - Authorized Purposes: Specific permitted uses of the proprietary information

5. Appendix 1 - Non-Disclosure Agreement for Representatives: Template NDA for individual representatives who will access the information

6. Appendix 2 - Information Classification Guidelines: Guidelines for classifying different types of proprietary information

7. Appendix 3 - Incident Response Procedures: Procedures for handling and reporting security incidents or breaches

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

Manufacturing

Pharmaceuticals

Financial Services

Healthcare

Energy

Telecommunications

Professional Services

Research & Development

Automotive

Consumer Goods

Mining

Agriculture

Education

Relevant Teams

Legal

Compliance

Information Security

Research and Development

Executive Leadership

Procurement

Business Development

Human Resources

Risk Management

Information Technology

Operations

Finance

Intellectual Property

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Contract Manager

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Information Security Officer

Chief Financial Officer

Operations Manager

Procurement Manager

Human Resources Director

Intellectual Property Manager

Risk Manager

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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