The Non-Disclosure Agreement For Contractors is essential for businesses operating in Indonesia that engage external contractors and need to protect their confidential information, trade secrets, and proprietary data. This agreement is specifically designed to comply with Indonesian legal requirements, including the Trade Secrets Law (Law No. 30 of 2000) and the Indonesian Civil Code, while providing robust protection for sensitive business information. It is particularly important given Indonesia's growing gig economy and increasing use of external contractors across various industries. The document addresses key areas such as definition of confidential information, security measures, return or destruction of information, and enforcement mechanisms, while carefully maintaining the distinction between contractor and employee status to avoid unintended implications under Indonesian labor law.
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1. Parties: Identification of the disclosing party (company) and receiving party (contractor), including complete legal names and addresses
2. Background: Context of the relationship between the parties and purpose of the NDA, specifying the contractor relationship and intended business purpose
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Contractor Services'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to approved representatives and when required by law
7. Security Measures: Specific security measures the contractor must implement to protect confidential information
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival of Obligations: Specification of obligations that continue after 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
13. General Provisions: Standard clauses including severability, amendments, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when the contractor may have access to patents, copyrights, or other IP
2. Data Protection Compliance: Specific provisions regarding personal data protection when the contractor may handle personal data
3. Non-Competition: Restrictions on competitive activities, used when the contractor may have access to highly sensitive competitive information
4. Non-Solicitation: Restrictions on soliciting employees or clients, used when the contractor has significant contact with staff or customers
5. Independent Contractor Relationship: Detailed provisions clarifying the independent nature of the relationship, particularly important in Indonesia to avoid employment law implications
6. Insurance Requirements: Obligations to maintain specific insurance coverage, used for high-risk or regulated industry contractors
7. Audit Rights: Right to audit contractor's compliance with confidentiality obligations, used for long-term or high-risk engagements
1. Schedule 1 - Specified Confidential Information: Detailed list of specific categories or items of confidential information covered
2. Schedule 2 - Approved Purpose: Detailed description of the permitted use of confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by contractor's personnel
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Construction
Energy
Mining
Telecommunications
Research and Development
Education
Retail
Logistics
Agricultural
Pharmaceutical
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Research and Development
Operations
Information Security
Compliance
Risk Management
Executive Leadership
Project Management Office
Business Development
Corporate Secretariat
Relevant Roles
Legal Counsel
HR Director
Procurement Manager
Project Manager
Contract Administrator
Chief Technology Officer
Chief Information Security Officer
Research Director
Product Development Manager
Operations Manager
Business Development Director
Compliance Officer
Risk Manager
Department Head
General Manager
Chief Executive Officer
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