This Non-Disclosure Agreement IT Services template is specifically designed for use in Indonesia when engaging in technology service relationships where confidential information needs to be protected. It should be used before commencing any IT service engagement where sensitive information, trade secrets, technical specifications, or proprietary data will be shared between parties. The agreement incorporates requirements from Indonesian legislation, including the ITE Law, PDP Law, and regulations on electronic systems and transactions. It covers various aspects of confidentiality in IT services, including data protection measures, security requirements, and handling of electronic information. The document is particularly relevant for digital transformation projects, software development engagements, IT consulting services, and technology implementation projects where protection of intellectual property and confidential information is crucial.
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1. Parties: Identification of the disclosing and receiving parties, including their legal status and registered addresses
2. Background: Context of the IT services relationship and purpose of the NDA
3. Definitions: Key terms including Confidential Information, IT Services, Authorized Representatives, Security Measures, and other relevant terminology
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT services context
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Data Security Measures: Required technical and organizational security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Third Party Access: Required when subcontractors or other third parties may need access to confidential information
2. International Data Transfers: Needed when confidential information may be transferred outside Indonesia
3. Source Code Protection: Required when the IT services involve access to or development of software source code
4. Personal Data Protection: Required when the IT services involve processing of personal data under Indonesian PDP Law
5. Non-Solicitation: Optional clause preventing parties from hiring each other's employees
6. Intellectual Property Rights: Required when IT services involve creation or use of intellectual property
7. Force Majeure: Optional clause addressing unforeseen circumstances affecting confidentiality obligations
8. Insurance Requirements: Optional section specifying required insurance coverage for data security incidents
1. Schedule A - Specified Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule B - Security Requirements: Technical and organizational security measures required for IT services
3. Schedule C - Authorized Representatives: List of personnel authorized to access confidential information
4. Schedule D - Data Processing Requirements: Specific requirements for processing personal data or sensitive information
5. Schedule E - Incident Response Procedures: Procedures for handling and reporting security incidents or breaches
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
E-commerce
Manufacturing
Telecommunications
Government and Public Sector
Education
Retail
Insurance
Energy and Utilities
Professional Services
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Digital Transformation
Operations
Infrastructure
Development
Architecture
Vendor Management
Data Protection
Contract Management
Enterprise Security
Relevant Roles
Chief Information Officer
IT Director
Chief Technology Officer
IT Project Manager
Software Development Manager
System Administrator
Information Security Manager
Data Protection Officer
IT Procurement Manager
Legal Counsel
Compliance Officer
IT Contract Manager
Technology Consultant
Solutions Architect
IT Operations Manager
Digital Transformation Manager
IT Service Delivery Manager
Infrastructure Manager
Chief Information Security Officer
IT Vendor Manager
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