This Mutual Non Disclosure Agreement is essential for businesses operating in Indonesia that need to protect confidential information during business discussions, negotiations, or collaborative ventures. The document is particularly relevant when parties need to share sensitive business information, trade secrets, technical data, or proprietary knowledge while ensuring legal protection under Indonesian law. It incorporates key provisions from Indonesian regulations, including the Trade Secrets Law and Civil Code, making it suitable for both domestic and international business relationships where Indonesian law governs. The agreement is commonly used in situations such as business partnerships, joint ventures, vendor relationships, and potential mergers or acquisitions, where both parties need to share and protect confidential information reciprocally.
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1. Parties: Identification of all parties entering into the agreement, including their legal names, registration numbers, and addresses
2. Background: Recitals explaining the context and purpose of the agreement, including the parties' intention to share confidential information
3. Definitions: Detailed 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 and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Information Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon request or termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Survival of Obligations: Specification of obligations that continue after termination
11. Remedies: Available remedies in case of breach, including injunctive relief
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments
1. Electronic Information Handling: Specific provisions for electronic data protection when parties primarily share digital information
2. Third Party Rights: Provisions regarding rights of third parties when confidential information belongs to or involves third parties
3. Export Control: Required when confidential information may be subject to export control regulations
4. Data Privacy Compliance: Specific provisions when confidential information includes personal data
5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering when confidential information includes technical information or trade secrets
6. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
1. Schedule 1 - Authorized Representatives: List of authorized representatives from each party who may access confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Permitted Purpose Details: Detailed description of the specific business purpose for which confidential information may be used
4. Appendix A - 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
Professional Services
Real Estate
Energy
Telecommunications
Retail
Education
Research and Development
Construction
Mining
Agriculture
Transportation and Logistics
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Human Resources
Finance
Information Technology
Operations
Procurement
Corporate Strategy
Compliance
Marketing
Product Development
Investment
Administrative
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Corporate Secretary
Chief Technology Officer
Research Director
Project Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Procurement Manager
Investment Manager
Strategic Partnership Director
Compliance Officer
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