The Confidentiality Affidavit is a crucial legal document used in Indonesian business and professional contexts where protection of sensitive information is paramount. It serves as a sworn statement that creates a binding obligation on the affiant to maintain confidentiality, typically used when employees, contractors, or business partners need access to proprietary or sensitive information. The document is particularly relevant in situations involving trade secrets, business strategies, customer data, or technical information. Under Indonesian law, this affidavit must be properly executed before a notary public to ensure its enforceability, and it should comply with various regulations including the Civil Code (KUHPerdata), Trade Secrets Law, and Electronic Information and Transactions Law. The document provides organizations with legal protection and recourse in case of unauthorized disclosure of confidential information.
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1. Parties: Identification of the affiant (person making the declaration) and the party to whom the affidavit is given
2. Background: Context explaining why the affidavit is being made and the relationship between the parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information' and other important concepts
4. Declaration of Authority: Affiant's statement of their capacity and authority to make the declarations
5. Scope of Confidential Information: Detailed description of what constitutes confidential information under this affidavit
6. Confidentiality Obligations: Specific commitments regarding the protection and non-disclosure of confidential information
7. Duration of Obligations: Period for which the confidentiality obligations remain in effect
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed
9. Security Measures: Steps the affiant will take to protect confidential information
10. Breach and Consequences: Consequences of violating the confidentiality obligations
11. Attestation: Formal declaration of truth and signature block with notarization requirements
1. Return or Destruction of Materials: Requirements for handling confidential materials upon request or termination - include when physical or electronic materials are involved
2. Third Party Access: Procedures for managing third party access to confidential information - include when third parties may need limited access
3. Intellectual Property Rights: Statement regarding ownership of confidential information and related IP - include when dealing with technical or proprietary information
4. Survival: Provisions that continue after the main obligations end - include in complex business relationships
5. Prior Disclosures: Handling of information disclosed before the affidavit date - include when there's been prior business relationship
6. Electronic Information Handling: Specific provisions for digital data and electronic communications - include when dealing with technical or digital information
1. Schedule A - Description of Confidential Information: Detailed list or categories of confidential information covered by the affidavit
2. Schedule B - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols to be followed
4. Appendix 1 - Form of Notification: Template for notifications regarding required disclosures or breaches
5. Appendix 2 - Certificate of Destruction: Template for certifying destruction of confidential materials when required
Relevant legal definitions
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Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research and Development
Telecommunications
Pharmaceuticals
Energy
Defense
Education
Legal Services
Government/Public Sector
Consulting
Relevant Teams
Legal
Human Resources
Information Technology
Research and Development
Executive Leadership
Finance
Operations
Product Development
Business Development
Data Analytics
Security
Quality Assurance
Corporate Communications
Strategic Planning
Project Management
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Financial Officer
Research Director
Project Manager
Software Developer
Legal Counsel
Human Resources Director
Business Development Manager
Consultant
Systems Administrator
Data Analyst
Product Manager
External Contractor
Financial Analyst
Research Scientist
Board Member
Department Head
Senior Executive
Technical Specialist
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