This Standard Confidentiality Agreement is essential for businesses operating in Indonesia who need to protect sensitive information during commercial relationships, negotiations, or partnerships. The document is designed to comply with Indonesian legal requirements, including the Civil Code, Trade Secrets Law, and Personal Data Protection Law. It is commonly used before beginning due diligence, entering into business negotiations, sharing proprietary information, or engaging with contractors and service providers. The agreement covers definition of confidential information, security measures, permitted uses, return or destruction of information, and remedies for breach. It can be customized for specific business needs while maintaining its enforceability under Indonesian law.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names and addresses
2. Background: Context of the agreement, including the purpose for sharing confidential information and the relationship between the parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including protection, non-disclosure, and permitted use of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required measures to protect and safeguard confidential information
8. Term and Termination: Duration of the agreement and provisions for early termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
10. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Non-Competition: Additional provisions restricting competitive activities, used when confidential information could provide competitive advantage
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when business relationships need protection
3. Intellectual Property Rights: Clarification of IP ownership and rights, used when confidential information includes IP
4. Data Protection Compliance: Specific provisions addressing compliance with Indonesian data protection laws, used when personal data is involved
5. Export Control: Provisions regarding international transfer of information, used for cross-border agreements
6. Force Majeure: Provisions for unforeseen circumstances, included in longer-term agreements
7. Assignment: Rules regarding transfer of rights and obligations, included when relevant to business context
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by 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 procedures required for protecting confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by employees or subcontractors
5. Appendix B - Data Processing Requirements: Specific requirements for processing personal data under Indonesian law
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