The Independent Contractor NDA is essential for businesses operating in Indonesia that engage external contractors who need access to confidential information. This document serves as a critical legal safeguard, combining the necessary elements of a non-disclosure agreement with specific provisions that maintain the independent contractor status under Indonesian law. It is particularly relevant when businesses need to share sensitive information, trade secrets, or proprietary data with external service providers while ensuring legal protection. The agreement complies with Indonesian regulations, including Law No. 30 of 2000 on Trade Secrets and the Indonesian Civil Code, making it suitable for both domestic and international companies operating in Indonesia.
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1. Parties: Identification of the company and the independent contractor, including complete legal names and addresses
2. Background: Context of the relationship and purpose of the agreement
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Representatives'
4. Scope of Services: Brief overview of the independent contractor relationship and services to be provided
5. Confidentiality Obligations: Core confidentiality provisions, including use restrictions and protection requirements
6. Independent Contractor Status: Clear statement of independent contractor relationship and disclaimer of employment relationship
7. Term and Survival: Duration of the agreement and survival of confidentiality obligations
8. Return of Confidential Information: Obligations regarding return or destruction of confidential information
9. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
10. Governing Law and Jurisdiction: Specification of Indonesian law and jurisdiction for dispute resolution
11. General Provisions: Standard clauses including severability, amendments, and entire agreement
1. Non-Competition: Restrictions on competitive activities, if appropriate and compliant with Indonesian law
2. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the relationship
3. Intellectual Property Rights: Additional provisions regarding IP ownership and assignment if IP creation is contemplated
4. Data Protection: Specific provisions for handling personal data if the contractor will have access to such information
5. Dispute Resolution: Alternative dispute resolution procedures if parties prefer mediation or arbitration
6. Insurance Requirements: Contractor insurance obligations if handling sensitive information or high-risk activities
7. Audit Rights: Company's right to audit contractor's compliance with confidentiality obligations if needed
1. Schedule A - Confidential Information: Detailed description or categories of confidential information covered
2. Schedule B - Permitted Purpose: Detailed scope of permitted use of confidential information
3. Schedule C - Security Procedures: Specific security measures and protocols for handling confidential information
4. Schedule D - Authorized Representatives: List of individuals authorized to receive confidential information
5. Appendix 1 - Return/Destruction Certificate: Form for certifying return or destruction of confidential information
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