The Company Confidentiality Agreement is essential for businesses operating in Indonesia that need to protect sensitive information during commercial relationships, negotiations, or collaborative ventures. This document is particularly crucial given Indonesia's developing digital economy and the implementation of stricter data protection regulations. The agreement should be used whenever companies need to share confidential information such as trade secrets, proprietary technology, business strategies, customer data, or financial information. It must comply with Indonesian legislation, including the Trade Secrets Law, Personal Data Protection Law, and Electronic Information and Transactions Law, while providing practical mechanisms for information sharing and protection. The document is commonly used in business negotiations, due diligence processes, joint ventures, and service provider relationships, offering legal protection under Indonesian jurisdiction while facilitating necessary business communications.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, company registration numbers, and registered addresses
2. Background: Context of the agreement, business relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, including both explicit categories and general characteristics
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure requirements, and permitted uses of confidential information
6. Security Measures: Specific security measures required to protect confidential information, including physical, electronic, and procedural safeguards
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach, including available remedies and indemnification provisions
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Required when the confidential information includes personal data subject to Indonesia's PDP Law
2. Electronic Information Handling: Needed when confidential information will be primarily shared or stored electronically, ensuring compliance with EIT Law
3. International Transfer of Information: Required when confidential information may be transferred outside of Indonesia
4. Intellectual Property Rights: Important when confidential information includes or relates to intellectual property
5. Non-Competition: Optional section when the parties wish to include non-compete provisions related to the confidential information
6. Publicity and Announcements: Relevant when there's a need to regulate public statements about the business relationship
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Schedule 4 - Information Handling Procedures: Step-by-step procedures for marking, storing, transmitting, and destroying confidential information
5. Appendix A - Form of Acknowledgment: Template for authorized representatives to acknowledge their confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Retail
Energy
Telecommunications
Real Estate
Education
Automotive
Consumer Goods
Pharmaceuticals
Mining
Agriculture
Construction
Relevant Teams
Legal
Compliance
Information Security
Business Development
Executive Leadership
Research and Development
Operations
Human Resources
Finance
Procurement
Risk Management
Corporate Affairs
Information Technology
Strategy
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Chief Financial Officer
Project Manager
Procurement Manager
Research and Development Director
Operations Manager
Human Resources Director
Information Security Officer
Compliance Officer
Partnership Manager
Strategy Director
Contract Manager
Corporate Secretary
Risk Manager
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