A Data Confidentiality Agreement is essential when parties need to share sensitive business information or personal data in Indonesia. This document is particularly crucial given Indonesia's stringent data protection requirements under the 2022 PDP Law and related regulations. It should be used whenever confidential information needs to be shared in business relationships, including vendor arrangements, consultancy services, employment relationships, or business partnerships. The agreement covers various types of confidential information, from trade secrets and proprietary technology to personal data, and includes specific provisions required under Indonesian law for data protection and security measures. It's particularly important in cross-border arrangements where Indonesian data localization requirements must be considered.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Personal Data', 'Authorized Representatives', and other relevant terms
4. Scope of Confidential Information: Clear description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including protection measures, permitted uses, and handling requirements
6. Data Protection Requirements: Specific obligations under Indonesian PDP Law including data processing principles, security measures, and compliance requirements
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Cross-border Data Transfer: Required when confidential information will be transferred outside Indonesia, addressing compliance with PDP Law requirements for international data transfers
2. Industry-Specific Compliance: Additional provisions for specific industry regulations (e.g., financial services, healthcare)
3. Data Breach Notification: Detailed procedures for handling and reporting data breaches, recommended for agreements involving sensitive personal data
4. Audit Rights: Rights to audit compliance with the agreement, recommended for long-term or high-risk arrangements
5. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk information
6. Survival Clauses: Specification of provisions that survive termination, recommended for complex agreements
7. Force Majeure: Provisions for unforeseen circumstances affecting performance, optional but recommended for long-term agreements
1. Schedule 1 - Categories of Confidential Information: Detailed listing of types and categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data under PDP Law
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
6. Appendix B - Incident Response Plan: Procedures for responding to potential breaches or unauthorized disclosures
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
E-commerce
Education
Research & Development
Pharmaceuticals
Energy
Mining
Retail
Construction
Legal Services
Relevant Teams
Legal
Compliance
Information Technology
Information Security
Human Resources
Procurement
Risk Management
Operations
Research & Development
Business Development
Data Protection
Privacy
Vendor Management
Relevant Roles
Chief Legal Officer
Data Protection Officer
Privacy Officer
Compliance Manager
Legal Counsel
IT Security Manager
Risk Manager
Human Resources Director
Procurement Manager
Business Development Manager
Project Manager
Information Security Officer
Operations Manager
Chief Technology Officer
Chief Information Officer
Contract Manager
Vendor Relations Manager
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