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Contract Disclosure Agreement

Contract Disclosure Agreement Template for Indonesia

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Key Requirements PROMPT example:

Contract Disclosure Agreement

"I need a Contract Disclosure Agreement under Indonesian law for a technology partnership between my software company and a local manufacturing firm, with specific provisions for protecting source code and manufacturing processes."

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Document background
The Contract Disclosure Agreement serves as a critical legal instrument for businesses operating under Indonesian jurisdiction who need to share confidential information while ensuring its protection. This document becomes necessary before engaging in detailed business discussions, due diligence processes, or any situation requiring the exchange of sensitive information. It is particularly relevant given Indonesia's developing legal framework for data protection and trade secrets, including Law No. 30 of 2000 on Trade Secrets and related regulations. The agreement typically precedes other commercial arrangements and can be customized to address specific industry requirements while maintaining compliance with Indonesian legal requirements for confidentiality protection.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their full legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the disclosure

3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Disclosure and Use: Terms governing how confidential information can be disclosed and used, including permitted purposes

6. Obligations of Receiving Party: Specific duties and responsibilities of the party receiving confidential information

7. Security Measures: Required security measures for protecting confidential information

8. Return or Destruction: Provisions for returning or destroying confidential information upon request or termination

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Breach and Remedies: Consequences of breach and available legal remedies

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Third Party Disclosure: Additional provisions for cases where disclosure to third parties may be necessary

2. Digital Information Handling: Specific provisions for electronic data handling, required when confidential information includes digital assets

3. Intellectual Property Rights: Additional provisions when confidential information includes IP-related matters

4. Export Control: Required when confidential information may be subject to export control regulations

5. Data Privacy Compliance: Additional provisions when confidential information includes personal data

6. Survival Clauses: Specific provisions about which obligations survive termination of the agreement

7. Force Majeure: Provisions for handling confidentiality obligations during force majeure events

Suggested Schedules

1. Schedule A - Designated Representatives: List of authorized representatives from each party who may access confidential information

2. Schedule B - Security Protocols: Detailed security measures and protocols for handling confidential information

3. Schedule C - Categories of Confidential Information: Detailed categorization of different types of confidential information covered

4. Appendix 1 - Disclosure Log Template: Template for recording all instances of confidential information disclosure

5. Appendix 2 - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of 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
Confidential Information
Disclosing Party
Receiving Party
Affiliate
Authorized Representative
Business Day
Permitted Purpose
Trade Secret
Proprietary Information
Representatives
Confidentiality Period
Disclosure Date
Electronic Information
Material
Personal Data
Security Breach
Third Party
Derived Information
Intellectual Property Rights
Excluded Information
Force Majeure Event
Related Party
Sensitive Information
Security Measures
Destruction Certificate
Disclosure Log
Working Hours
Effective Date
Termination Date
Jurisdiction
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Energy

Mining

Telecommunications

Real Estate

Education

Research & Development

Pharmaceuticals

Consumer Goods

Agriculture

Construction

Relevant Teams

Legal

Compliance

Executive Leadership

Business Development

Research & Development

Information Technology

Human Resources

Finance

Operations

Procurement

Risk Management

Corporate Affairs

Information Security

Project Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Chief Financial Officer

Operations Director

Human Resources Director

Procurement Manager

Investment Manager

Corporate Secretary

Risk Manager

Innovation Director

Industries
Indonesian Civil Code (KUHPerdata): Provides the fundamental legal framework for contracts in Indonesia, including formation, validity, and enforcement of contractual agreements (Articles 1313-1351)
Law No. 30 of 2000 on Trade Secrets: Governs the protection of confidential business information and trade secrets, including definitions of trade secrets and legal remedies for breach
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Regulates electronic transactions and information, including the validity of electronic documents and digital signatures in confidentiality agreements
Government Regulation No. 71 of 2019: Implements the ITE Law and provides detailed provisions on electronic systems and transactions, relevant for digital confidentiality agreements
Minister of Communication and Information Technology Regulation No. 20 of 2016: Regulates the protection of personal data in electronic systems, crucial for handling confidential personal information
Indonesian Constitution Article 28G: Establishes fundamental right to protection of personal data and privacy, which underlies confidentiality obligations
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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