The Commercial Non Disclosure Agreement (NDA) is a critical legal instrument used in Indonesian business transactions where confidential information needs to be shared between commercial entities. This document is essential when companies are exploring business opportunities, conducting due diligence, engaging in joint ventures, or sharing proprietary information. It must comply with Indonesian legal requirements, particularly Law No. 30 of 2000 on Trade Secrets, the Civil Code, and the Electronic Information and Transactions Law. The agreement is structured to provide comprehensive protection for various types of confidential information, including trade secrets, technical data, business strategies, and customer information, while ensuring enforceability under Indonesian jurisdiction.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and company registration details as required under Indonesian law
2. Background: Context of the agreement, including the nature of the business relationship and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and other relevant terms in compliance with Law No. 30 of 2000
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Specific duties and responsibilities regarding the handling and protection 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 security protocols and measures for protecting confidential information
8. Term and Termination: Duration of the agreement and conditions for termination
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
10. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Electronic Information Protection: Specific provisions for protecting digital data and electronic communications, relevant when confidential information includes electronic data (reference to ITE Law)
2. Employee and Contractor Obligations: Additional provisions when the receiving party needs to share information with employees or contractors
3. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes patentable or copyrightable material
4. Competition Restrictions: Non-compete provisions, if applicable and compliant with Law No. 5 of 1999
5. Assignment: Provisions regarding the ability to assign rights under the agreement, particularly relevant for corporate restructuring
6. Severability: Provisions ensuring remainder of agreement stays valid if certain provisions are found unenforceable
7. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances
1. Schedule A - Detailed Description of Confidential Information: Comprehensive list and description of specific confidential information covered
2. Schedule B - Authorized Representatives: List of authorized personnel who may access or handle confidential information
3. Schedule C - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Appendix 1 - Form of Acknowledgment: Template for acknowledgment by employees or contractors who will access confidential information
5. Appendix 2 - Data Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Financial Services
Healthcare and Pharmaceuticals
Professional Services
Research and Development
Energy and Resources
Telecommunications
Retail and Consumer Goods
Infrastructure and Construction
Education and Training
Media and Entertainment
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Corporate Affairs
Compliance
Strategic Planning
Investment
Technical Operations
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Operations Manager
Procurement Manager
Strategic Partnership Director
Investment Manager
Corporate Secretary
Compliance Officer
Technical Director
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