This NDA Non Solicitation agreement is designed for use in business relationships where parties need to share sensitive information while ensuring protection against both unauthorized disclosure and poaching of valuable human resources or business relationships. The document is specifically structured to comply with Indonesian legal requirements, including the Civil Code (KUHPerdata), Trade Secrets Law, and Employment Law. It's particularly relevant for business negotiations, partnerships, or service arrangements where parties gain access to confidential information and develop relationships with key employees, customers, or suppliers. The agreement includes comprehensive provisions for protecting confidential information and preventing solicitation, with enforcement mechanisms aligned with Indonesian legal practices.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and company registration details as per Indonesian requirements
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Solicitation', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or business partners, including scope and duration
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives and legal requirements
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Security Measures: Specific security protocols for handling confidential information, recommended for technology-related agreements
2. Intellectual Property Rights: Clarification of IP ownership and rights, important when confidential information includes IP
3. Non-Competition: Additional restrictions on competitive activities, if appropriate for the business relationship
4. Dispute Resolution: Detailed dispute resolution procedures including mediation or arbitration, recommended for high-value relationships
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements
6. Assignment and Succession: Rules regarding transfer of rights and obligations, important for corporate relationships
7. Severability: Provisions ensuring remainder of agreement survives if parts are found invalid
8. Data Privacy Compliance: Specific provisions regarding personal data protection, necessary when confidential information includes personal data
1. Schedule A - Confidential Information: Detailed description or categories of information considered confidential
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific security measures and procedures for handling confidential information
4. Schedule D - Restricted Entities: List of specific entities covered by non-solicitation provisions
5. Schedule E - Notice Details: Contact information and procedures for formal notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Professional Services
Healthcare
Telecommunications
Retail
Energy
Mining
Construction
Education
Pharmaceutical
E-commerce
Software Development
Consulting
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Procurement
Compliance
Operations
Risk Management
Commercial
Information Technology
Finance
Corporate Development
Administration
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Human Resources Director
Business Development Manager
Procurement Manager
Legal Counsel
Compliance Officer
Project Manager
Operations Director
Chief Technology Officer
Chief Financial Officer
Risk Manager
Contract Administrator
Commercial Director
Partnership Manager
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