This General Confidentiality Agreement is designed for use in Indonesian business transactions where parties need to protect sensitive information during their business relationship. It serves as a foundational document for safeguarding confidential information in various contexts, from business negotiations to ongoing commercial relationships. The agreement incorporates requirements from Indonesian legislation, including the Civil Code, Trade Secrets Law, and Personal Data Protection Law, making it suitable for both domestic and international business relationships involving Indonesian entities. Typically used before sharing sensitive business information, technical data, or trade secrets, this agreement ensures that confidential information is protected under Indonesian law while facilitating necessary business communications and collaboration.
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1. Parties: Identification of the disclosing and receiving parties, including their legal details and authorized representatives
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 Recipients', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Special Handling of Electronic Data: Additional provisions for electronic information handling, relevant when significant digital assets are involved
2. Personal Data Protection: Specific provisions addressing personal data handling under Indonesian data protection law
3. Industry-Specific Compliance: Additional requirements for regulated industries (e.g., financial services, healthcare)
4. International Transfer: Provisions for cross-border transfer of confidential information
5. Intellectual Property Rights: Specific provisions regarding IP rights in confidential information
6. Audit Rights: Rights to audit compliance with confidentiality obligations
7. Insurance Requirements: Obligations to maintain specific insurance coverage for data breaches
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements
4. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information
5. Appendix B - Incident Response Plan: Procedures for responding to potential or actual breaches
6. Appendix C - Contact Details: Key contact information for both parties regarding confidentiality matters
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