The Non Disclosure Agreement For Financial Information is essential for businesses operating in Indonesia's financial sector or handling sensitive financial data. This document becomes necessary when parties need to share confidential financial information during business transactions, mergers and acquisitions, investments, audits, or consulting engagements. It is specifically structured to comply with Indonesian regulations, including the Banking Law (Law No. 10 of 1998), OJK regulations, and the Civil Code. The agreement covers various types of financial information including financial statements, business plans, pricing strategies, investment portfolios, and banking records. It is particularly important given Indonesia's strict banking secrecy laws and financial sector regulations, providing both parties with clear legal protection while facilitating necessary business communications.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and company registration details
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing financial information
3. Definitions: Detailed definitions including 'Confidential Information', 'Financial Information', 'Authorized Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Specific description of what constitutes confidential financial information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of financial information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to advisors, regulators, or as required by law
7. Security Measures: Required security protocols and measures for protecting confidential financial information
8. Term and Survival: Duration of the agreement and survival of obligations after termination
9. Return or Destruction of Information: Requirements for returning or destroying confidential information upon request or termination
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Multiple Party Provisions: Additional provisions for when there are multiple receiving or disclosing parties
2. Electronic Information Handling: Specific provisions for electronic storage and transmission of confidential information, referencing ITE Law requirements
3. Banking Specific Provisions: Additional provisions required when the NDA involves banking institutions under Indonesian Banking Law
4. Regulatory Compliance: Specific provisions addressing compliance with OJK regulations and other relevant financial sector regulations
5. Audit Rights: Rights to audit the receiving party's compliance with confidentiality obligations
6. Insurance Requirements: Requirements for insurance coverage related to data protection and confidentiality breaches
7. Data Privacy Compliance: Additional provisions specifically addressing personal data protection requirements
8. Force Majeure: Provisions dealing with circumstances beyond parties' control affecting confidentiality obligations
1. Schedule 1 - Authorized Representatives: List of authorized representatives who may access confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Categories of Financial Information: Detailed categorization of different types of financial information covered
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific permitted purposes for using the confidential information
5. Schedule 5 - Required Notices: Forms and requirements for various notices under the agreement
6. Appendix A - Data Handling Procedures: Standard operating procedures for handling confidential financial information
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