This Confidential Disclosure Agreement (CDA) template is designed for use under Indonesian law when parties need to share sensitive business, technical, or proprietary information while ensuring legal protection. It's particularly relevant for business negotiations, due diligence processes, joint ventures, and technical collaborations where confidential information needs to be exchanged. The document incorporates key requirements from Indonesian Trade Secret Law No. 30 of 2000, the Civil Code (KUHPerdata), and data protection regulations, making it suitable for both domestic and international business relationships involving Indonesian entities. The agreement provides comprehensive protection while remaining flexible enough to accommodate various business contexts and types of confidential information.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, purpose of disclosure, and nature of the business relationship
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Intellectual Property Rights: Clarification of IP ownership and rights when the confidential information includes IP - used when IP forms a significant part of the disclosed information
2. Data Protection Compliance: Specific obligations regarding personal data protection - included when confidential information includes personal data
3. Export Control: Compliance with export control regulations - needed when information may be subject to international transfer restrictions
4. Non-Solicitation: Restrictions on soliciting employees or customers - included when there's risk of talent or customer poaching
5. Competing Projects: Provisions regarding involvement in similar or competing projects - relevant when parties operate in the same industry
6. Marking Requirements: Specific requirements for marking confidential information - useful for organizations with formal document classification systems
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
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