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.
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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
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
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
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
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