The Confidentiality Deed serves as a crucial legal instrument under Indonesian law for protecting sensitive business, technical, or proprietary information shared between parties. It is commonly used before entering into detailed business discussions, during due diligence processes, or when sharing trade secrets and proprietary information. The deed must comply with Indonesian legal requirements, including the Civil Code, Trade Secrets Law, and Personal Data Protection Law. It's particularly important given Indonesia's developing legal framework around data protection and confidential information. The document typically includes detailed provisions on information handling, security measures, and breach consequences, making it suitable for both domestic and international business relationships involving Indonesian entities or operations.
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1. Parties: Identifies and provides details of the disclosing party and receiving party, including their legal status and registered addresses
2. Background: Sets out the context and purpose of the confidentiality deed, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Confidentiality Obligations: Details the core obligations regarding confidentiality, including duty of care, non-disclosure, and permitted uses
5. Security Measures: Specifies the required security measures for protecting confidential information
6. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed and to whom
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Term and Survival: Duration of the deed and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Confirms Indonesian law as governing law and specifies jurisdiction for disputes
1. Data Protection Compliance: Additional provisions for compliance with Indonesian Personal Data Protection Law, required when confidential information includes personal data
2. Intellectual Property Rights: Specific provisions regarding IP rights in confidential information, needed when technical or proprietary information is involved
3. Non-Competition: Restrictions on competitive activities, included when there are specific competitive concerns
4. Export Control: Provisions regarding international transfer of information, needed for cross-border arrangements
5. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations, included for long-term arrangements
6. Electronic Information Security: Specific provisions aligned with EIT Law requirements, needed when electronic data is primary form of confidential information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the deed
2. Schedule 2 - Authorized Representatives: List of representatives authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose(s) for which confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Financial Services
Healthcare and Pharmaceuticals
Professional Services
Energy and Resources
Telecommunications
Research and Development
E-commerce
Education
Construction and Infrastructure
Mining and Natural Resources
Relevant Teams
Legal
Compliance
Executive Leadership
Business Development
Research and Development
Human Resources
Finance
Information Technology
Operations
Corporate Affairs
Risk Management
Procurement
Strategy
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Human Resources Director
Chief Financial Officer
Project Manager
Investment Manager
Compliance Officer
Contract Administrator
Corporate Secretary
Operations Manager
Strategic Partnership Manager
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