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Mutual Confidentiality Agreement

Mutual Confidentiality Agreement Template for Indonesia

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Key Requirements PROMPT example:

Mutual Confidentiality Agreement

"I need a Mutual Confidentiality Agreement under Indonesian law for a potential joint venture between my tech company and a manufacturing partner, with specific provisions for protecting software source code and manufacturing processes, to be effective from March 2025."

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Document background
This Mutual Confidentiality Agreement template is designed for use in business relationships where parties need to share sensitive information while ensuring legal protection under Indonesian law. The document is particularly relevant for business negotiations, due diligence processes, joint ventures, or any collaborative business activities where confidential information needs to be exchanged. It incorporates provisions from key 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. The agreement provides comprehensive protection for various types of confidential information including trade secrets, technical data, business plans, and personal data, while ensuring compliance with local regulatory requirements and business practices.
Suggested Sections

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

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship

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

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 representatives and professional advisors

7. Security Measures: Required measures for protecting and securing confidential information

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 dispute resolution

Optional Sections

1. Specific Data Protection Provisions: Additional provisions when confidential information includes personal data subject to Indonesian Data Protection Law

2. Electronic Information Handling: Specific provisions for electronic storage and transmission of confidential information

3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

4. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-related materials

5. Force Majeure: Provisions for handling confidential information during force majeure events

6. Anti-Corruption Compliance: Specific provisions ensuring compliance with anti-corruption laws when handling confidential information

7. Export Control Compliance: Provisions regarding compliance with export control laws if confidential information includes controlled technical data

Suggested Schedules

1. Description of Confidential Information: Detailed list or categories of specific confidential information covered by the agreement

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

3. Security Protocols: Detailed security measures and protocols for handling confidential information

4. Approved Subcontractors: List of pre-approved subcontractors or third parties who may receive 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 Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Energy

Mining

Real Estate

Telecommunications

Retail

Education

Research & Development

Pharmaceutical

Agriculture

Construction

Maritime

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Information Technology

Human Resources

Finance

Operations

Procurement

Compliance

Corporate Affairs

Strategy

Innovation

Commercial

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Chief Financial Officer

Operations Manager

Procurement Manager

Human Resources Director

Investment Manager

Corporate Secretary

Compliance Officer

Strategic Partnership Manager

Innovation Director

Commercial Director

Industries
Indonesian Civil Code (Kitab Undang-undang Hukum Perdata): Provides the fundamental principles of contract law, including requirements for valid agreements, contractual obligations, and remedies for breach of contract
Law No. 30 of 2000 on Trade Secrets: Governs the protection of trade secrets and confidential information, defining what constitutes a trade secret and legal remedies for misappropriation
Law No. 11 of 2008 on Electronic Information and Transactions (as amended by Law No. 19 of 2016): Regulates electronic transactions and digital signatures, relevant if the NDA will be executed electronically
Law No. 27 of 2022 on Personal Data Protection: Indonesia's comprehensive data protection law that governs the processing and protection of personal data, which may be relevant if confidential information includes personal data
Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition: Ensures that confidentiality provisions do not violate anti-competition laws or create unfair business practices
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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