The Non Disclosure Non Circumvention And Non Competition Agreement is essential for businesses operating in Indonesia's dynamic market environment where protection of confidential information and business relationships is crucial. This document is typically used when parties enter into discussions about potential business opportunities, joint ventures, or strategic partnerships where sensitive information needs to be shared. It ensures compliance with Indonesian legal requirements, including Law No. 30 of 2000 on Trade Secrets, Law No. 13 of 2003 on Employment, and Law No. 5 of 1999 on Competition. The agreement provides comprehensive protection by preventing unauthorized disclosure of confidential information, protecting business relationships from interference, and restricting competitive activities within reasonable bounds. It's particularly relevant in today's interconnected business environment where intellectual property and business relationships require robust legal protection.
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1. Parties: Identification of all parties to the agreement, including their full legal names, addresses, and company registration details
2. Background: Context of the agreement, relationship between parties, and purpose of entering into this agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Circumvention', 'Competitive Activities', and 'Territory'
4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and handling of confidential information, including scope and duration
5. Non-Circumvention Provisions: Obligations preventing parties from bypassing each other in business dealings and protecting business relationships
6. Non-Competition Covenant: Restrictions on competitive activities, including scope, duration, and geographical limitations in compliance with Indonesian law
7. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
8. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief and damages
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Authorized Representatives: Designation of specific individuals authorized to handle confidential information, useful for larger organizations
2. Security Measures: Specific technical and organizational measures required for protecting confidential information, important for technology-related agreements
3. Exclusions from Confidentiality: Specific carve-outs for information not considered confidential, useful in complex business relationships
4. Assignment and Succession: Rules regarding transfer of rights and obligations, important for companies anticipating structural changes
5. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk or high-value relationships
6. Audit Rights: Rights to audit compliance with the agreement, important for sensitive information or critical business relationships
1. Schedule A - Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule B - Restricted Territory: Specific geographical areas where non-compete and non-circumvention obligations apply
3. Schedule C - Restricted Activities: Detailed list of prohibited competitive activities and business practices
4. Schedule D - Authorized Representatives: List of individuals authorized to receive and handle confidential information
5. Schedule E - Security Protocols: Detailed security measures and procedures for handling confidential information
6. Appendix 1 - Acknowledgment Form: Form for employees or subcontractors to acknowledge and agree to the terms of the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software Development
Manufacturing
Professional Services
Financial Services
Healthcare and Pharmaceuticals
Energy and Resources
Retail and Consumer Goods
Telecommunications
E-commerce
Research and Development
Industrial Products
Business Process Outsourcing
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Product Development
Strategic Planning
Operations
Procurement
Sales
Human Resources
Information Technology
Finance
Corporate Strategy
Mergers and Acquisitions
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Business Development Manager
Legal Counsel
Project Manager
Research and Development Director
Product Development Manager
Strategic Partnership Manager
Investment Manager
Operations Director
Procurement Manager
Sales Director
Technical Consultant
Human Resources Director
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