The Confidentiality Agreement For Contractors is essential for businesses operating in Indonesia that engage external contractors who require access to sensitive company information. This document becomes necessary when contractors, whether individuals or companies, need to access confidential business information, trade secrets, technical data, or other proprietary information during their engagement. It ensures compliance with Indonesian regulations, particularly Law No. 30 of 2000 on Trade Secrets and the PDP Law, while protecting the company's interests. The agreement is structured to accommodate various types of confidential information and includes specific provisions required under Indonesian law for enforceability, making it suitable for both domestic and international companies operating in Indonesia.
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1. Parties: Identification of the disclosing party (company) and receiving party (contractor), including complete legal names and addresses
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty to maintain secrecy and standard of care
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
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. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available legal remedies
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when confidential information includes intellectual property - used when IP is a significant component
2. Data Protection Compliance: Specific obligations under Indonesian PDP Law - required when personal data is involved
3. Non-Competition: Restrictions on competitive activities - used when contractor may have access to highly sensitive business information
4. Non-Solicitation: Restrictions on soliciting employees or clients - used when contractor has significant contact with employees or clients
5. Subcontractors: Provisions regarding disclosure to and obligations of subcontractors - used when contractor may need to involve third parties
6. Insurance Requirements: Obligations to maintain specific insurance coverage - used for high-risk or regulated industries
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
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by contractor's employees or representatives
5. Appendix B - Data Handling Procedures: Detailed procedures for handling, storing, and disposing of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Construction
Energy
Telecommunications
Research and Development
Retail
Education
Media and Entertainment
Biotechnology
Mining
Agriculture
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Research and Development
Operations
Compliance
Risk Management
Business Development
Project Management
Executive Leadership
Administrative
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Procurement Manager
Project Manager
IT Director
Research Director
Operations Manager
Contract Administrator
Compliance Officer
Risk Manager
Department Head
Business Development Manager
Technical Director
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