The Mutual Confidential Disclosure Agreement is essential for businesses operating in Indonesia who need to share sensitive information while ensuring legal protection. This document is particularly relevant when parties are exploring potential business relationships, joint ventures, or collaborative projects where confidential information needs to be exchanged. It complies with Indonesian legal requirements, including Law No. 30 of 2000 on Trade Secrets and the Indonesian Civil Code, while addressing modern business practices and digital information sharing. The agreement is designed to protect various types of confidential information including trade secrets, technical data, business strategies, and proprietary information, providing both parties with equal obligations and protections under Indonesian law.
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1. Parties: Identification of all parties entering into the agreement, including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the parties' relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. General Provisions: Standard clauses including notices, amendments, severability, and governing law
1. Intellectual Property Rights: Section clarifying ownership and rights in intellectual property, particularly relevant when shared information includes IP
2. Data Protection Compliance: Additional provisions addressing compliance with Indonesian data protection laws, necessary when personal data is involved
3. Export Control: Provisions regarding compliance with export control laws, relevant for international parties or controlled technical data
4. Non-Solicitation: Restrictions on soliciting employees or customers, useful in competitive business contexts
5. Publicity and Announcements: Controls on public statements about the relationship, important for listed companies or sensitive projects
6. Competition Law Compliance: Specific provisions ensuring compliance with Indonesian competition laws, relevant when parties are competitors
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Categories of Confidential Information: Detailed list or categories of information considered confidential under the agreement
5. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who need access to confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Education
Research & Development
Professional Services
Energy
Mining
Telecommunications
Pharmaceuticals
Consumer Goods
Agriculture
Infrastructure
Relevant Teams
Legal
Business Development
Research and Development
Executive Leadership
Compliance
Human Resources
Information Technology
Corporate Affairs
Finance
Operations
Strategic Planning
Innovation
Investment
Commercial
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Chief Financial Officer
Compliance Officer
Human Resources Director
Commercial Director
Operations Manager
Strategic Partnership Manager
Innovation Manager
Corporate Secretary
Investment Manager
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