The Business Plan Non Disclosure Agreement is a crucial legal instrument used when companies or entrepreneurs need to share sensitive business plans with external parties in Indonesia. This document becomes essential during fundraising, potential partnerships, mergers and acquisitions, or when seeking professional advice. It's specifically designed to comply with Indonesian legal requirements, including the Trade Secrets Law (UU No. 30 Tahun 2000) and the Indonesian Civil Code. The agreement typically covers detailed financial projections, market strategies, intellectual property, operational methods, and other confidential aspects of a business plan. It's particularly important in the Indonesian business context where relationship-building often requires substantial information sharing before formal partnerships are established.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, addresses, and company registration details as per Indonesian law
2. Background: Context of the disclosure, stating the purpose of sharing the business plan and the intended business relationship
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Business Plan', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to the business plan
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which the receiving party may disclose information to employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Non-Solicitation: Prevents receiving party from soliciting employees or clients, used when business plan contains sensitive personnel or client information
2. Non-Competition: Restricts receiving party from competing in specific areas, used when business plan reveals competitive strategies
3. Intellectual Property Rights: Clarifies ownership of IP rights, particularly important when business plan contains innovative concepts or technology
4. Data Protection: Additional provisions for handling personal data, required when business plan contains personal information
5. Representatives and Warranties: Additional assurances from parties, useful in high-value or complex business relationships
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk or regulated industries
7. Force Majeure: Provisions for unforeseen circumstances, important in long-term NDAs
1. Schedule 1 - Description of Business Plan: Detailed description of the business plan documents and materials covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Measures: Specific security protocols required for handling the confidential information
4. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by employees or representatives who will access the information
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Real Estate
Retail
E-commerce
Professional Services
Energy
Agriculture
Education
Transportation
Telecommunications
Construction
Mining
Relevant Teams
Legal
Corporate Development
Finance
Executive Leadership
Business Development
Strategy
Investment
Risk Management
Compliance
Mergers & Acquisitions
Corporate Secretary
Due Diligence
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Business Development Manager
Investment Manager
Legal Counsel
Corporate Lawyer
Financial Advisor
Management Consultant
Strategy Director
Venture Capital Associate
Mergers & Acquisitions Director
Due Diligence Specialist
Investment Banker
Corporate Development Manager
Business Analyst
Startup Founder
Partnership Manager
Risk Management Officer
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