The NDA For Business Partnership is essential for companies exploring or entering into business relationships in Indonesia, where protection of confidential information must comply with local legal requirements. This document is typically used when companies are discussing potential joint ventures, strategic partnerships, or other forms of business collaboration where sensitive information needs to be shared. It addresses specific requirements under Indonesian law, including the Trade Secrets Law and Electronic Information and Transactions Law, while accommodating both domestic and international business practices. The agreement covers various types of confidential information including trade secrets, technical know-how, business plans, customer data, and proprietary technologies, providing comprehensive protection during business discussions and partnership negotiations.
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1. Parties: Identifies and provides full details of all parties entering into the NDA, including their legal names, registration numbers, and addresses
2. Background: Explains the context of the business partnership and the purpose for sharing confidential information
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Details what information is considered confidential and covered by the agreement
5. Confidentiality Obligations: Specifies the core obligations regarding handling and protecting confidential information
6. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed and to whom
7. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Breach and Remedies: Specifies consequences of breach and available remedies under Indonesian law
10. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for dispute resolution
11. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Competition: Additional provisions restricting competitive activities, used when parties are potential competitors
2. Non-Solicitation: Prevents poaching of employees or customers, included when parties have access to sensitive relationship information
3. Intellectual Property Rights: Additional provisions protecting IP rights, used when confidential information includes patentable innovations or trade secrets
4. Data Protection: Specific provisions for handling personal data, required when confidential information includes personal data
5. Securities Trading Restriction: Prevents insider trading, included when parties are public companies or dealing with market-sensitive information
6. Force Majeure: Addresses circumstances beyond parties' control, optional but recommended in Indonesian jurisdiction
7. Language Requirements: Dual language provisions required if agreement needs to be in both Indonesian and English
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives
5. Appendix B - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
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