This One Way Non Disclosure Agreement template is essential for businesses operating in Indonesia who need to protect their confidential information when sharing it with another party. The document is particularly useful in scenarios such as business negotiations, vendor relationships, potential partnerships, or when engaging consultants or service providers. It incorporates key requirements from Indonesian law, including provisions from Law No. 30 of 2000 on Trade Secrets and the Indonesian Civil Code, while addressing practical business needs for information protection. The agreement is structured to be enforceable in Indonesian courts and includes specific provisions for maintaining confidentiality, handling of sensitive information, and remedies in case of breach, all aligned with local legal requirements and business practices.
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1. Parties: Identifies and provides full details of the Disclosing Party and Receiving Party, including their legal names, registration numbers, and addresses
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms used throughout the agreement
4. Disclosure of Confidential Information: Describes the scope and nature of confidential information to be disclosed and the manner of disclosure
5. Obligations of Confidentiality: Details the receiving party's obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specifies the limited purposes for which the confidential information may be used and circumstances under which disclosure is permitted
7. Security Measures: Outlines the specific measures the receiving party must implement to protect the confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. Breach and Remedies: Details the consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and establishes jurisdiction for dispute resolution
12. Execution: Formal closing and signature blocks compliant with Indonesian legal requirements
1. Representations and Warranties: Additional assurances regarding authority to disclose and accuracy of information. Include when dealing with complex intellectual property or when required by corporate policies
2. Survival: Specifies which obligations survive termination. Important for long-term confidential information protection
3. Notice Requirements: Detailed procedures for giving notices under the agreement. Include for complex business relationships or when parties are in different locations
4. Assignment: Restrictions on assignment of rights and obligations. Important when dealing with corporate groups or potential corporate restructuring
5. Electronic Execution: Provisions for electronic signature and execution. Include when parties may execute electronically under ITE Law
6. Language Requirements: Dual language provisions and governing language. Include when one party requires documentation in Indonesian language
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 required for protecting confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or permitted recipients to sign
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