The Confidentiality Agreement Between Two Companies is essential for businesses operating in Indonesia that need to share sensitive information during commercial discussions, due diligence processes, or potential business partnerships. This document type is commonly used before entering into more detailed commercial arrangements, ensuring that both parties are legally bound to protect each other's confidential information under Indonesian law. The agreement covers various aspects of information protection, including trade secrets, proprietary data, customer information, and technical knowledge, while incorporating specific requirements under Indonesian regulations such as the Trade Secrets Law and Personal Data Protection Law. It is particularly relevant in today's business environment where cross-company collaboration and information sharing are increasingly common, especially in sectors involving technology transfer, joint ventures, or strategic partnerships within the Indonesian market.
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1. Parties: Identification of the two companies entering into the agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the general nature of the proposed business relationship
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Non-Solicitation: Prohibits parties from soliciting each other's employees or customers - include when there's significant employee interaction
2. Intellectual Property Rights: Clarifies ownership of IP rights - include when confidential information includes IP or when development work is contemplated
3. Data Protection Compliance: Specific obligations regarding personal data protection - include when confidential information includes personal data
4. Export Control: Compliance with export control laws - include for international companies or when dealing with regulated technologies
5. Force Majeure: Provisions for unforeseen circumstances - include when long-term confidentiality obligations are contemplated
6. Anti-Corruption Compliance: Anti-bribery and corruption provisions - include when dealing with government-linked entities or high-risk sectors
1. Schedule 1: Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2: Authorized Representatives: List of personnel authorized to receive and handle confidential information
3. Schedule 3: Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4: Notice Details: Contact details and procedures for serving notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Energy and Resources
Real Estate
Telecommunications
Consumer Goods
Industrial
Education
Research and Development
Construction
Automotive
Agriculture
Relevant Teams
Legal
Compliance
Business Development
Executive Leadership
Corporate Affairs
Research and Development
Information Technology
Human Resources
Finance
Operations
Risk Management
Corporate Strategy
Mergers and Acquisitions
Information Security
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Chief Financial Officer
Corporate Secretary
Compliance Officer
Chief Technology Officer
Project Manager
Research Director
Commercial Director
Human Resources Director
Operations Manager
Investment Manager
Strategic Partnership Manager
Risk Manager
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