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Confidentiality And Restrictive Covenant Agreement

Confidentiality And Restrictive Covenant Agreement Template for Indonesia

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Key Requirements PROMPT example:

Confidentiality And Restrictive Covenant Agreement

"I need a Confidentiality and Restrictive Covenant Agreement for a Jakarta-based technology startup to use with senior software developers, including specific provisions for protecting source code and a 2-year non-compete restriction within Indonesia's major tech hubs."

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Document background
The Confidentiality and Restrictive Covenant Agreement serves as a critical legal instrument for businesses operating in Indonesia to safeguard their proprietary information and maintain competitive advantage. This document is typically used when engaging employees, contractors, business partners, or other parties who will have access to sensitive business information. It combines comprehensive confidentiality provisions with specific restrictive covenants that comply with Indonesian legal requirements, particularly Law No. 13 of 2003 on Manpower and Law No. 30 of 2000 on Trade Secrets. The agreement is essential for protecting trade secrets, customer relationships, employee relationships, and other business interests, while ensuring enforceability under Indonesian jurisdiction. It is commonly implemented during hiring processes, business partnerships, or when granting access to confidential information.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of entering into the confidentiality and restrictive covenant arrangement

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Restricted Business', 'Territory', and other relevant terms

4. Confidentiality Obligations: Detailed provisions 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-Competition Covenant: Restrictions on competing activities during and after the relationship, specifying scope, duration, and geographic limitations

7. Non-Solicitation Covenant: Restrictions on soliciting employees, customers, or suppliers

8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

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 dispute resolution

12. General Provisions: Standard provisions including severability, entire agreement, amendments, and notices

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP rights, particularly relevant when confidential information includes IP

2. Data Protection: Specific provisions regarding personal data protection, necessary when confidential information includes personal data

3. Assignment and Succession: Provisions regarding the transfer of rights and obligations, important for corporate transactions

4. Dispute Resolution: Detailed dispute resolution procedures including mediation or arbitration, useful for complex commercial relationships

5. Survival: Specific provisions about which obligations survive termination, important for long-term protection

6. Electronic Communications: Provisions regarding electronic storage and transmission of confidential information, relevant for digital businesses

7. Third Party Rights: Provisions regarding the rights of third parties, relevant when group companies are involved

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential

2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas covered by restrictive covenants

3. Schedule 3 - Restricted Business Activities: Detailed description of prohibited business activities

4. Schedule 4 - Key Competitors: List of specific competitors with whom engagement is restricted

5. Schedule 5 - Authorized Recipients: List of persons or entities authorized to receive confidential information

6. Appendix A - Security Protocols: Specific procedures for handling and protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Confidential Information
Trade Secrets
Intellectual Property Rights
Company
Restricted Business
Restricted Period
Territory
Competitive Business
Customer
Prospective Customer
Business Partner
Group Company
Affiliate
Employee
Key Employee
Effective Date
Termination Date
Permitted Purpose
Permitted Recipients
Professional Advisors
Proprietary Information
Business Operations
Products and Services
Technical Information
Commercial Information
Marketing Information
Business Strategies
Client Data
Trade Connections
Know-How
Unauthorized Disclosure
Material Breach
Competitive Activities
Solicitation
Working Day
Governing Law
Clauses
Definitions
Interpretation
Confidentiality Obligations
Non-Disclosure
Permitted Use
Information Protection
Non-Competition
Non-Solicitation of Customers
Non-Solicitation of Employees
Non-Dealing
Return of Information
Duration
Territory Restrictions
Intellectual Property
Data Protection
Security Measures
Breach Notification
Remedies
Injunctive Relief
Indemnification
Term and Termination
Survival
Assignment
Amendment
Severability
Entire Agreement
Notices
Force Majeure
Governing Law
Dispute Resolution
Electronic Execution
Counterparts
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Retail

Telecommunications

Energy

Mining

Pharmaceuticals

Education

E-commerce

Media and Entertainment

Construction

Agriculture

Food and Beverage

Relevant Teams

Legal

Human Resources

Information Technology

Research and Development

Sales

Marketing

Finance

Operations

Executive Leadership

Product Development

Business Development

Customer Service

Administration

Engineering

Strategy and Planning

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Software Developer

Research Scientist

Sales Manager

Business Development Manager

Human Resources Director

Financial Controller

Product Manager

Operations Manager

Marketing Director

Technical Consultant

Project Manager

Data Analyst

Systems Administrator

Account Manager

Legal Counsel

Research and Development Engineer

Strategy Consultant

Industries
Law No. 13 of 2003 on Manpower: The primary labor law in Indonesia that governs employment relationships, including provisions on employment agreements and worker obligations. This is relevant for the employment aspects of the confidentiality agreement and restrictive covenants.
Law No. 30 of 2000 on Trade Secrets: Provides legal framework for protecting trade secrets and confidential information, defining what constitutes trade secrets and the legal remedies available for their protection.
Law No. 5 of 1999 on Anti-Monopoly and Unfair Business Competition: Regulates business competition and contains provisions that may affect the enforceability of non-compete clauses and other restrictive covenants.
Indonesian Civil Code (Kitab Undang-undang Hukum Perdata): Provides the basic framework for contract law in Indonesia, including provisions on contract formation, validity, and enforcement that will apply to the agreement.
Law No. 11 of 2008 on Electronic Information and Transactions: Relevant for provisions dealing with confidential information in electronic form and electronic documents.
Law No. 28 of 2014 on Copyright: May be relevant for protecting confidential information that includes copyrightable materials.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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