The Vendor Confidentiality Agreement is essential for businesses operating in Indonesia that need to share sensitive information with their vendors while maintaining legal protection. This document is typically used before engaging in detailed business discussions or when establishing ongoing vendor relationships where confidential information needs to be exchanged. It ensures compliance with Indonesian regulations, particularly Law No. 30 of 2000 on Trade Secrets and the recent Personal Data Protection Law (Law No. 27 of 2022). The agreement becomes especially crucial in sectors handling sensitive data or proprietary information, and when companies need to protect their intellectual property, trade secrets, customer data, or business strategies while working with external vendors. It provides legal recourse under Indonesian jurisdiction in case of unauthorized disclosure or misuse of confidential information.
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1. Parties: Identification of the disclosing party and receiving party (vendor), including full legal names, registration numbers, and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other relevant definitions
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 employees and professional advisors
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 Survival: Duration of the agreement and surviving obligations after termination
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Electronic Information Security: Specific provisions for digital information security, required when confidential information is shared or stored electronically
2. Personal Data Protection: Additional provisions when confidential information includes personal data subject to Indonesian Data Protection Law
3. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes patented technology, trade secrets, or other IP
4. Export Control: Required when confidential information is subject to export control regulations
5. Subcontractors: Provisions for when vendor needs to share confidential information with approved subcontractors
6. Force Majeure: Provisions for handling confidential information during force majeure events
7. Insurance Requirements: Specific insurance requirements for covering potential breaches of confidentiality
1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list and description of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives from both parties who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by employees or representatives
5. Appendix B - Data Breach Notification Procedure: Step-by-step procedure for reporting and handling potential data breaches
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Telecommunications
Professional Services
Real Estate
Energy
Mining
Retail
E-commerce
Construction
Agriculture
Logistics
Education
Relevant Teams
Legal
Procurement
Vendor Management
Compliance
Risk Management
Information Security
Operations
Supply Chain
Information Technology
Privacy
Contract Management
Relevant Roles
Procurement Manager
Legal Counsel
Vendor Management Officer
Chief Privacy Officer
Compliance Officer
Contract Manager
Supply Chain Manager
Chief Information Security Officer
Risk Manager
Operations Director
Project Manager
Chief Technology Officer
Business Development Manager
General Counsel
Information Security Manager
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