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Digital Non Disclosure Agreement

Digital Non Disclosure Agreement Template for Indonesia

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Key Requirements PROMPT example:

Digital Non Disclosure Agreement

"I need a Digital Non Disclosure Agreement under Indonesian law for my fintech startup to share sensitive algorithms and digital banking data with a potential investor, with specific provisions for cross-border data transfer and cloud storage security."

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Document background
The Digital Non-Disclosure Agreement serves as a crucial legal instrument for businesses operating in Indonesia's growing digital economy. This document becomes necessary when parties need to share sensitive digital information, including but not limited to software code, digital assets, electronic databases, or confidential digital business information. It is specifically designed to comply with Indonesian regulations, particularly the ITE Law and data protection requirements, while addressing the unique challenges of protecting information in digital formats. The agreement is especially relevant given Indonesia's rapid digital transformation and the increasing number of technology-based transactions and collaborations. It incorporates provisions for electronic signatures, digital security protocols, and cybersecurity measures, making it suitable for modern business operations in Indonesia.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Representatives', and 'Electronic Systems'

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 employees and professional advisors

7. Digital Security Measures: Specific requirements for protecting digital information, including cybersecurity standards and protocols

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

11. Electronic Execution: Provisions for digital signature and electronic execution in compliance with ITE Law

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - used when sharing technical information or trade secrets

2. Data Protection Compliance: Specific provisions for handling personal data under Indonesian data protection laws - required when confidential information includes personal data

3. Third Party Disclosure: Provisions governing disclosure to third parties - needed when third party access is anticipated

4. International Transfer of Information: Requirements for cross-border transfer of confidential information - needed for international parties

5. Audit Rights: Rights to audit compliance with the agreement - useful for high-value or high-risk information sharing

6. Insurance Requirements: Obligations to maintain specific insurance coverage - relevant for high-value transactions

7. Force Majeure: Provisions for unforeseen circumstances affecting digital systems or information security - optional but recommended

Suggested Schedules

1. Schedule 1 - Authorized Representatives: List of individuals authorized to access and handle confidential information

2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures for digital information

3. Schedule 3 - Information Categories: Categorization of different types of confidential information and their handling requirements

4. Appendix A - Notification Templates: Standard forms for breach notifications and other required communications

5. Appendix B - Data Handling Procedures: Step-by-step procedures for handling digital 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
Digital Information
Electronic System
Electronic Document
Electronic Signature
Authorized Representatives
Permitted Purpose
Digital Assets
Security Protocols
Disclosing Party
Receiving Party
Affiliated Entities
Electronic Platform
Breach of Security
Trade Secrets
Data Protection Laws
Personal Data
Digital Storage Media
Secure Communication Channels
Access Credentials
Encryption Standards
Digital Rights
Intellectual Property Rights
Confidential Materials
Third Party Service Providers
Digital Processing
System Access
Electronic Records
Digital Security Measures
Data Breach
Metadata
Electronic Transfer
Digital Copies
Secure Deletion
Authorized Users
Business Day
Effective Date
Term
Force Majeure
Governing Law
Jurisdiction
Relevant Industries

Information Technology

E-commerce

Financial Services

Digital Banking

Telecommunications

Healthcare Technology

Digital Media

Cloud Computing

Artificial Intelligence

Cybersecurity

Digital Entertainment

Online Education

FinTech

Digital Manufacturing

Smart Infrastructure

Relevant Teams

Legal

Information Technology

Information Security

Compliance

Digital Operations

Software Development

Data Protection

Risk Management

Digital Innovation

Corporate Security

Systems Administration

Digital Products

Research and Development

Digital Transformation

Relevant Roles

Chief Technology Officer

Information Security Manager

Digital Project Manager

Software Development Lead

Data Protection Officer

IT Director

Chief Information Officer

Digital Business Development Manager

Legal Counsel

Compliance Officer

Digital Operations Manager

System Administrator

Cloud Architecture Manager

Digital Product Manager

Innovation Director

Chief Digital Officer

Industries
Indonesian Civil Code (Kitab Undang-undang Hukum Perdata): Provides the fundamental legal framework for contracts in Indonesia, including formation, validity, and enforcement of agreements
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Governs electronic transactions and digital signatures, ensuring the validity of digital contracts and electronic documents
Law No. 19 of 2002 on Trade Secrets: Provides protection for confidential information and trade secrets, defining what constitutes protected information and remedies for breach
Government Regulation No. 71 of 2019 on Electronic Systems and Transactions: Implements the ITE Law and provides detailed requirements for electronic system operations and digital transactions
Law No. 27 of 2022 on Personal Data Protection: Regulates the protection and processing of personal data, which may be relevant if confidential information includes personal data
Law No. 28 of 2014 on Copyright: Relevant for protecting confidential information that may include copyrightable materials
Minister of Communication and Information Technology Regulation No. 11 of 2018: Provides guidelines for electronic certification and trust services, important for digital signature implementation
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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