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Indemnity Confidentiality Agreement

Indemnity Confidentiality Agreement Template for Indonesia

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Key Requirements PROMPT example:

Indemnity Confidentiality Agreement

"I need an Indemnity Confidentiality Agreement under Indonesian law for a joint venture with a foreign technology company, with specific provisions for protecting our proprietary manufacturing processes and including strong indemnification clauses for any breach of confidentiality."

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Document background
The Indemnity Confidentiality Agreement is essential for business relationships in Indonesia where parties need to share sensitive information while ensuring robust protection through both confidentiality obligations and specific indemnification provisions. This document is particularly relevant when parties anticipate significant potential damage from unauthorized disclosure and require stronger protection than standard confidentiality agreements. It combines elements of Indonesian trade secret law (Law No. 30 of 2000) with civil code provisions on contracts and damages, making it suitable for high-value transactions, strategic partnerships, or situations involving particularly sensitive proprietary information. The agreement is commonly used in corporate transactions, joint ventures, technology licensing, and professional service arrangements where the disclosing party requires additional security through specific indemnification commitments.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and company registration details if applicable

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

3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', 'Indemnified Parties' and other key 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 representatives and as required by law

6. Indemnification: Specific indemnification obligations, scope of indemnity, and process for claiming indemnification

7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

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

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

10. General Provisions: Standard boilerplate provisions including notices, amendments, and severability

Optional Sections

1. Intellectual Property Rights: Additional section when confidential information includes IP rights requiring specific protection

2. Security Measures: Detailed security requirements when handling particularly sensitive information or compliance with specific security standards is required

3. Insurance Requirements: Required when specific insurance coverage is needed to support indemnification obligations

4. Data Privacy Compliance: Required when confidential information includes personal data subject to privacy laws

5. Export Control Compliance: Required when information sharing may be subject to international trade restrictions

6. Audit Rights: Optional provisions allowing audit of compliance with confidentiality obligations

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed listing or categorization of the confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who may access confidential information

5. Appendix B - Notice Requirements: Detailed procedures for serving notices under the agreement

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 Industries

Technology

Manufacturing

Healthcare

Financial Services

Energy

Mining

Telecommunications

Professional Services

Research & Development

Pharmaceuticals

Automotive

Construction

Education

Retail

Agriculture

Relevant Teams

Legal

Compliance

Executive Leadership

Finance

Business Development

Information Technology

Research and Development

Procurement

Risk Management

Information Security

Corporate Affairs

Operations

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Chief Financial Officer

Business Development Director

Chief Technology Officer

Research Director

Project Manager

Procurement Manager

Contract Manager

Risk Manager

Information Security Officer

Corporate Secretary

Chief Operating 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. 30 of 2000 on Trade Secrets: Governs the protection of trade secrets and confidential information, defining trade secrets and establishing legal protections
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Regulates electronic transactions and recognizes electronic signatures, relevant if the agreement will be executed electronically
Law No. 40 of 2007 on Limited Liability Companies: Relevant for corporate authority and capacity to enter into confidentiality agreements if parties are Indonesian companies
Law No. 5 of 1999 on Competition: Ensures confidentiality provisions do not violate anti-competitive practices regulations
Law No. 13 of 2003 on Employment: Relevant if the agreement involves employees or worker relationships and confidentiality obligations
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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