The Confidentiality and Non-Solicitation Agreement is essential for businesses operating in Indonesia who need to protect their confidential information while ensuring key relationships remain secure. This document is particularly relevant when sharing sensitive business information with third parties, entering into business negotiations, or engaging with contractors and employees. It combines robust confidentiality provisions with non-solicitation clauses, all structured to comply with Indonesian legal requirements, including Law No. 30 of 2000 on Trade Secrets, Law No. 13 of 2003 on Employment, and competition laws. The agreement is commonly used in business negotiations, partnerships, employment relationships, and any situation where proprietary information needs protection while preventing the poaching of valuable business relationships.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, relationship between the parties, and purpose of entering into the confidentiality and non-solicitation arrangements
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Solicitation', 'Representatives', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Non-Solicitation Obligations: Restrictions on soliciting employees, customers, or suppliers, including the scope and duration of these restrictions
7. Security Measures: Specific measures required to protect 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. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. General Provisions: Standard provisions including severability, amendments, and entire agreement clause
1. Intellectual Property Rights: Additional section when confidential information includes IP rights or when IP ownership needs to be clarified
2. Data Protection: Specific provisions for personal data protection when confidential information includes personal data
3. Non-Competition: Additional restrictions on competitive activities, if agreed between the parties
4. Publicity and Announcements: Controls on public statements about the relationship, if relevant to the context
5. Insurance Requirements: Obligations to maintain specific insurance coverage, particularly relevant for high-value commercial relationships
6. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly relevant for highly sensitive information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Restricted Entities: List of specific entities or individuals covered by non-solicitation provisions
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized representatives to sign
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Restricted Period
Business Relationship
Protected Business
Trade Secrets
Intellectual Property Rights
Affiliate
Associated Company
Customer
Supplier
Employee
Key Personnel
Territory
Solicitation
Authorized Recipients
Proprietary Information
Business Day
Effective Date
Group
Material
Non-Public Information
Professional Advisors
Related Entity
Security Requirements
Termination Date
Unauthorized Disclosure
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Restricted Period
Business Relationship
Protected Business
Trade Secrets
Intellectual Property Rights
Affiliate
Associated Company
Customer
Supplier
Employee
Key Personnel
Territory
Solicitation
Authorized Recipients
Proprietary Information
Business Day
Effective Date
Group
Material
Non-Public Information
Professional Advisors
Related Entity
Security Requirements
Termination Date
Unauthorized Disclosure
Clauses
Confidentiality
Non-Solicitation
Term and Duration
Permitted Disclosures
Return of Information
Data Protection
Intellectual Property
Security Measures
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendment
Waiver
Survival
Third Party Rights
Counterparts
Costs
Non-Solicitation
Term and Duration
Permitted Disclosures
Return of Information
Data Protection
Intellectual Property
Security Measures
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendment
Waiver
Survival
Third Party Rights
Counterparts
Costs
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Pharmaceuticals
Professional Services
Retail
E-commerce
Telecommunications
Energy
Mining
Construction
Education
Research & Development
Consumer Goods
Automotive
Agriculture
Media & Entertainment
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research & Development
Information Technology
Operations
Procurement
Sales
Partnerships
Investment
Compliance
Risk Management
Corporate Affairs
Information Security
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Business Development Manager
Project Manager
Research Director
Technology Officer
Operations Manager
Procurement Manager
Sales Director
Partnership Manager
Investment Manager
Compliance Officer
Department Head
Senior Executive
Contract Administrator
Risk Manager
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