This Non-Disclosure Agreement For Consultants is essential for businesses operating in Indonesia that engage external consultants or consulting firms. The document is designed to comply with Indonesian legal requirements, particularly Law No. 30 of 2000 on Trade Secrets and the Indonesian Civil Code. It should be used whenever a company plans to share confidential information with consultants during their engagement. The agreement covers various types of confidential information including trade secrets, proprietary information, client data, technical knowledge, and business strategies. It includes provisions for both the protection of information during the consulting engagement and ongoing obligations after the engagement ends. The document is structured to be enforceable under Indonesian law while being adaptable to different consulting arrangements and business needs.
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1. Parties: Identifies the parties to the agreement - the company (disclosing party) and the consultant (receiving party)
2. Background: Sets out the context of the consulting relationship and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Consulting Services', 'Term', and other relevant terminology
4. Scope of Confidential Information: Clearly defines what information is considered confidential under the agreement
5. Consultant Obligations: Details the consultant's duties regarding confidential information, including protection, non-disclosure, and permitted uses
6. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Breach and Remedies: Outlines consequences of breach and available legal remedies
9. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for disputes
10. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Non-Competition: Additional restrictions on competitive activities, used when consultant may have access to highly sensitive business information
2. Intellectual Property Rights: Specific provisions regarding IP ownership and rights, used when consultant may create or work with IP
3. Data Privacy Compliance: Additional provisions for handling personal data, required when confidential information includes personal data
4. Third Party Disclosure: Provisions for allowed disclosure to third parties, used when consultant needs to work with other contractors or advisors
5. Security Measures: Specific security protocols for handling information, used for highly sensitive information or digital assets
6. Consultant Representatives: Provisions regarding consultant's employees or subcontractors, used when consultant works with a team
7. Insurance Requirements: Professional indemnity insurance requirements, used for high-value or high-risk consulting arrangements
1. Schedule 1 - Description of Consulting Services: Detailed description of the consulting services to be provided
2. Schedule 2 - Specific Categories of Confidential Information: Detailed list of types of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
4. Appendix A - Security Protocols: Specific security measures and protocols for handling confidential information
5. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Financial Services
Manufacturing
Healthcare
Professional Services
Telecommunications
Energy and Resources
Real Estate
Education
Retail and Consumer Goods
Media and Entertainment
Research and Development
Pharmaceuticals
Construction
Agriculture
Relevant Teams
Legal
Human Resources
Procurement
Executive Leadership
Project Management Office
Research and Development
Information Technology
Operations
Finance
Business Development
Risk and Compliance
Strategy
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Human Resources Director
Legal Counsel
Procurement Manager
Project Manager
Department Head
Research Director
Business Development Manager
Operations Manager
IT Director
Strategy Director
Risk Manager
Compliance Officer
Technical Lead
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