This Non-Competition, Non-Solicitation And Confidentiality Agreement is essential for businesses operating in Indonesia seeking to protect their legitimate interests in an increasingly competitive market. It is typically used when engaging employees, contractors, or business partners who will have access to sensitive information or key business relationships. The agreement addresses three critical areas: preventing unfair competition, protecting against the poaching of employees and customers, and safeguarding confidential information. It must be carefully drafted to comply with Indonesian law, particularly the Manpower Law (Law No. 13 of 2003), Trade Secrets Law (Law No. 30 of 2000), and Competition Law (Law No. 5 of 1999). The agreement is especially relevant in today's digital economy where information assets and business relationships are crucial to commercial success.
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1. Parties: Identifies and provides details of the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including 'Confidential Information', 'Competing Business', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, storage, and protection requirements
5. Non-Competition Covenant: Specifies the scope, duration, and geographical limitations of non-compete obligations
6. Non-Solicitation Provisions: Covers restrictions on soliciting employees, customers, and business relationships
7. Duration and Territory: Specifies the time period and geographical area for which the restrictions apply
8. Return of Confidential Information: Procedures for returning or destroying confidential information upon agreement termination
9. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief
10. Severability: Ensures remainder of agreement stays in effect if any provision is found invalid
11. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and relevant jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when confidential information includes IP
2. International Operations: Additional provisions for companies operating across multiple jurisdictions
3. Assignment and Succession: Provisions regarding transfer of rights and obligations, particularly relevant for corporate restructuring
4. Survival: Specifies which provisions survive termination of employment or business relationship
5. Data Protection: Special provisions for handling personal data under Indonesian data protection laws
6. Industry-Specific Provisions: Additional provisions required for regulated industries like financial services or healthcare
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Restricted Activities: Specific activities, businesses, and operations covered by non-compete provisions
3. Schedule 3 - Restricted Customers: List of customers covered by non-solicitation provisions if applicable
4. Schedule 4 - Restricted Territory: Detailed description of geographical areas where restrictions apply
5. Schedule 5 - Group Companies: List of affiliated companies covered by the agreement if applicable
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