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NDA And Non Compete Agreement

NDA And Non Compete Agreement Template for Indonesia

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Key Requirements PROMPT example:

NDA And Non Compete Agreement

"I need an NDA and Non-Compete Agreement under Indonesian law for our new senior software developers starting in March 2025, with special focus on protecting our proprietary source code and preventing them from working with our competitors in the Jakarta tech sector for 12 months after employment ends."

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Document background
The NDA and Non-Compete Agreement is essential for businesses operating in Indonesia who need to protect their confidential information and prevent unfair competition from former employees or business partners. This document is particularly crucial when engaging employees, contractors, or business partners who will have access to sensitive business information, trade secrets, or strategic plans. The agreement must be carefully drafted to comply with Indonesian legal requirements, including the Civil Code, Manpower Law, and Trade Secrets Law, while ensuring reasonable scope and duration of restrictions. It's commonly used during employment relationships, business partnerships, or corporate transactions where protection of confidential information and prevention of competitive activities are paramount.
Suggested Sections

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

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

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', and 'Restricted Period'

4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

6. Non-Compete Provisions: Specific restrictions on competitive activities, including geographic scope and duration, aligned with Indonesian law

7. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

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

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Survival Clause: Specifies which provisions survive termination of the agreement - particularly relevant for long-term confidentiality obligations

2. Assignment: Rights and restrictions regarding assignment of the agreement - include when dealing with corporate groups or potential M&A situations

3. Severability: Provision for maintaining validity of remaining clauses if some are found unenforceable - particularly important given strict Indonesian restrictions on non-competes

4. Data Protection: Specific provisions regarding personal data protection - include when confidential information includes personal data

5. Independent Contractor: Clarification of relationship between parties - include when dealing with consultants or contractors

6. Garden Leave: Provisions for paid non-compete period - include for senior executives or key employees

Suggested Schedules

1. Schedule 1 - Defined Confidential Information: Detailed list or categories of information considered confidential under the agreement

2. Schedule 2 - Restricted Territory: Specific geographic areas covered by non-compete provisions with maps or detailed descriptions

3. Schedule 3 - Restricted Business Activities: Detailed description of prohibited competitive activities

4. Schedule 4 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

5. Appendix A - Security Protocols: Required security measures for handling confidential information

6. Appendix B - 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
Trade Secrets
Competitive Activities
Restricted Period
Restricted Territory
Affiliate
Business
Company
Competitor
Customer
Disclosing Party
Receiving Party
Effective Date
Group
Intellectual Property Rights
Material Interest
Personnel
Products
Professional Services
Prohibited Business
Representatives
Restricted Customer
Restricted Person
Services
Termination Date
Trade Secrets
Unauthorized Disclosure
Working Hours
Business Day
Permitted Purpose
Proprietary Information
Related Entity
Sensitive Information
Strategic Information
Technical Information
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Pharmaceuticals

Professional Services

Telecommunications

Energy

Research and Development

E-commerce

Mining

Consumer Goods

Education

Biotechnology

Automotive

Relevant Teams

Human Resources

Legal

Research and Development

Information Technology

Sales

Marketing

Executive Leadership

Product Development

Operations

Finance

Business Development

Engineering

Data Analytics

Strategy

Customer Success

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Research Scientist

Product Manager

Sales Director

Business Development Manager

Human Resources Director

Financial Controller

Operations Manager

Technical Lead

Project Manager

Marketing Director

Data Scientist

Systems Architect

Account Manager

Strategy Consultant

Department Head

Regional Manager

Senior Analyst

Industries
Indonesian Civil Code (Kitab Undang-undang Hukum Perdata): Provides the basic framework for contract law in Indonesia, including requirements for valid agreements, contract formation, and enforcement principles
Law No. 13 of 2003 on Manpower: The main employment law that governs employment relationships and working conditions in Indonesia, including provisions affecting post-employment restrictions
Law No. 30 of 2000 on Trade Secrets: Regulates the protection of trade secrets and confidential information, crucial for NDAs and defining what constitutes protected information
Indonesian Constitution Article 27(2): Establishes the fundamental right to work and earn a living, which affects the enforceability of non-compete clauses
Law No. 5 of 1999 on Anti-Monopoly and Unfair Business Competition: Affects the scope and enforceability of non-compete agreements to ensure they don't create unfair business practices
Minister of Manpower Regulation No. 3 of 2019: Provides guidelines on foreign workers employment, which may be relevant for international NDAs and non-compete agreements
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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