The Confidentiality Agreement For Clients serves as a crucial legal instrument for businesses operating in Indonesia who need to share sensitive information with their clients while maintaining control over its use and disclosure. This document is essential when engaging with clients who will have access to proprietary information, trade secrets, technical data, business strategies, or other confidential materials. It is structured to comply with Indonesian legal requirements, particularly Law No. 30 of 2000 on Trade Secrets and the Personal Data Protection Law, while providing practical mechanisms for information sharing and protection. The agreement is commonly used at the outset of client relationships or before detailed business discussions commence, ensuring confidentiality obligations are clearly established before any sensitive information is shared.
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1. Parties: Identification of the disclosing party (typically the business) and receiving party (the client), including their full legal names and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant when shared information includes IP
2. Data Protection Compliance: Specific provisions addressing compliance with Indonesian PDP Law, necessary when personal data is involved
3. Non-Competition: Additional provisions preventing use of confidential information for competitive purposes, relevant for clients who could be potential competitors
4. Force Majeure: Provisions for extraordinary circumstances, optional but common in Indonesian contracts
5. Assignment: Provisions regarding the ability to assign rights under the agreement, relevant for larger corporate clients
6. Publicity: Restrictions on public announcements about the relationship, relevant for high-profile clients
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 protocols to be followed when handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives or employees
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Financial Services
Professional Services
Manufacturing
Healthcare
Telecommunications
Retail and E-commerce
Energy and Resources
Construction and Real Estate
Education and Training
Research and Development
Consulting Services
Relevant Teams
Legal
Compliance
Business Development
Sales
Account Management
Information Security
Risk Management
Operations
Client Relations
Executive Leadership
Contract Administration
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Account Manager
Project Manager
Compliance Officer
Risk Manager
Information Security Officer
Sales Director
Contract Administrator
Operations Manager
Client Relations Manager
Chief Technology Officer
Chief Financial Officer
Business Analyst
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