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Confidentiality And Non Compete Agreement for Indonesia

Confidentiality And Non Compete Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that combines confidentiality obligations with non-compete restrictions. The agreement protects sensitive business information while preventing the receiving party from engaging in competitive activities within specified parameters. It is structured to comply with Indonesian employment law, particularly Law No. 13 of 2003 on Manpower, and trade secret protection under Law No. 30 of 2000, ensuring enforceability while maintaining reasonable restrictions on trade and competition. The document includes detailed provisions on the scope of confidential information, duration of obligations, geographical restrictions, and remedies for breach.

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What is a Confidentiality And Non Compete Agreement?

The Confidentiality and Non-Compete Agreement is essential for businesses operating in Indonesia's competitive market environment. It is commonly used when engaging employees, contractors, or business partners who will have access to sensitive information or could potentially compete with the business. The agreement must balance the protection of legitimate business interests with Indonesian legal requirements, particularly regarding reasonable restrictions on trade and employment. Key considerations include compliance with Law No. 13 of 2003 on Manpower and Law No. 30 of 2000 on Trade Secrets, which govern employment relationships and confidential information protection respectively. The document typically includes specific provisions on the scope of protected information, duration of obligations, geographical limitations, and enforcement mechanisms.

What sections should be included in a Confidentiality And Non Compete Agreement?

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

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Territory', etc.

4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information

5. Non-Compete Obligations: Restrictions on competitive activities, including scope, duration, and geographical limitations

6. Duration and Term: Period of effectiveness for both confidentiality and non-compete obligations

7. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination

8. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief and damages

9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution

10. General Provisions: Standard provisions including severability, entire agreement, and amendments

What sections are optional to include in a Confidentiality And Non Compete Agreement?

1. Intellectual Property Rights: Additional provisions specifically protecting IP rights, used when confidential information includes significant IP components

2. Non-Solicitation: Restrictions on soliciting employees, clients, or suppliers, added when business relationships need additional protection

3. Assignment and Succession: Rules about transferring rights under the agreement, included for corporate entities or when succession planning is important

4. Electronic Execution: Provisions for electronic signing and storage of documents, added when parties prefer digital execution

5. Alternative Dispute Resolution: Mediation or arbitration procedures, included when parties prefer alternative dispute resolution to court proceedings

6. Force Majeure: Provisions for unforeseen circumstances, added when long-term obligations are involved

7. Survival Clauses: Specification of which provisions survive termination, included for complex agreements with post-termination obligations

What schedules should be included in a Confidentiality And Non Compete Agreement?

1. Schedule A - Confidential Information: Detailed list or categories of information considered confidential

2. Schedule B - Restricted Territory: Geographical areas where non-compete restrictions apply, including maps or specific jurisdictions

3. Schedule C - Competing Business Activities: Detailed description of prohibited business activities and competitors

4. Schedule D - Approved Third Parties: List of approved parties who may receive confidential information

5. Appendix 1 - Security Protocols: Specific procedures for handling and protecting confidential information

6. Appendix 2 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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

Financial Services

Healthcare

Professional Services

Retail

E-commerce

Telecommunications

Energy

Mining

Consumer Goods

Education

Pharmaceuticals

Real Estate

Media and Entertainment

Relevant Teams

Legal

Human Resources

Executive Leadership

Research and Development

Sales

Product Development

Information Technology

Operations

Finance

Marketing

Business Development

Strategy

Customer Service

Engineering

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Developer

Research Scientist

Sales Director

Product Manager

Business Development Manager

Human Resources Director

Financial Controller

Operations Manager

Marketing Director

Technical Lead

Project Manager

Legal Counsel

Account Manager

Strategy Consultant

Department Head

Regional 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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