The Non Disclosure Agreement Management document serves as a essential tool for organizations operating in Indonesia who need to systematically handle confidential information sharing with various stakeholders. It addresses the requirements under Indonesian law, including the Civil Code (KUHPer), Trade Secrets Law, and relevant intellectual property regulations. This document establishes protocols for managing NDAs throughout their lifecycle, from initial assessment and drafting to monitoring compliance and handling potential breaches. It's particularly crucial given Indonesia's developing legal framework around data protection and the increasing importance of trade secret protection in the Indonesian business environment. The document helps ensure consistent application of confidentiality measures while maintaining compliance with local legal requirements and international standards.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and company registration numbers as per Indonesian requirements
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information,' 'Representatives,' and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Survival: Obligations that continue after termination
11. Remedies: Available remedies under Indonesian law for breach of confidentiality
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including amendments, notices, and severability
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when confidential information includes intellectual property
2. Data Privacy Compliance: Additional provisions when confidential information includes personal data subject to Indonesian data protection laws
3. Employee/Contractor Obligations: Specific provisions for when the NDA relates to employees or contractors
4. Export Control: Provisions regarding export control laws when dealing with international parties
5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering when dealing with technical information or trade secrets
6. Non-Solicitation: Provisions preventing solicitation of employees or customers, if relevant to the business relationship
7. Competing Products: Provisions regarding development of competing products using confidential information
1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose for which confidential information may be used
5. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by representatives who will access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Education
Retail
Energy
Mining
Telecommunications
Pharmaceutical
Agriculture
Construction
Automotive
Consumer Goods
Entertainment
Real Estate
Transportation
Food and Beverage
Relevant Teams
Legal
Compliance
Human Resources
Information Security
Risk Management
Corporate Secretariat
Business Development
Operations
Procurement
Research and Development
Information Technology
Executive Leadership
Administrative
Project Management
Intellectual Property
Relevant Roles
Legal Counsel
Compliance Officer
Contract Manager
Business Development Manager
Human Resources Director
Chief Legal Officer
Risk Manager
Intellectual Property Manager
Corporate Secretary
Operations Manager
Project Manager
Chief Executive Officer
Chief Financial Officer
Information Security Officer
Procurement Manager
Research Director
Technology Officer
General Manager
Partnership Manager
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