The Mutual NDA Form is essential for businesses operating in Indonesia who need to protect confidential information during business discussions, negotiations, or collaborations. This document is specifically tailored to comply with Indonesian legal requirements, including the Civil Code, Trade Secrets Law, and Personal Data Protection Law. It is commonly used before entering into detailed business discussions, during due diligence processes, or when exploring potential partnerships. The agreement ensures that all parties have equal obligations to maintain confidentiality and provides clear remedies under Indonesian law in case of breach. It is particularly relevant for cross-border transactions where at least one party is subject to Indonesian jurisdiction, and includes provisions for both physical and electronic information protection.
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1. Parties: Identification of all parties entering into the NDA, including full legal names, addresses, and company registration details as required under Indonesian law
2. Background: Context for the agreement, including the purpose of sharing confidential information and the mutual nature of the disclosure
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Authorized Persons', and other relevant terms in accordance with Indonesian legal terminology
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, aligned with Law No. 30 of 2000 on Trade Secrets
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required security measures for protecting confidential information, both physical and electronic
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements compliant with Indonesian law
1. Survival: Specifies which obligations survive termination of the agreement - useful for longer-term business relationships
2. Non-Solicitation: Prevents parties from soliciting each other's employees or customers - relevant when parties have access to personnel or customer information
3. Intellectual Property Rights: Clarifies ownership of IP rights - important when shared information includes patentable or copyrightable material
4. Data Protection Compliance: Special provisions for compliance with Law No. 27 of 2022 on Personal Data Protection - necessary when confidential information includes personal data
5. Electronic Information Handling: Specific provisions for electronic data handling under the EIT Law - relevant for digital information exchange
6. Translation Requirements: Provisions regarding Indonesian language translation - necessary when one party is an Indonesian entity and agreement is bilingual
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Categories of Confidential Information: Specific categories or types of confidential information covered by the agreement
4. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or third parties who will have access to confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Education
Research & Development
Retail
Energy
Telecommunications
Pharmaceuticals
Real Estate
Construction
Media & Entertainment
Automotive
Consumer Goods
Relevant Teams
Legal
Business Development
Research and Development
Human Resources
Executive Leadership
Information Technology
Finance
Operations
Procurement
Corporate Strategy
Compliance
Innovation
Partnerships
Investment
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Procurement Manager
Investment Manager
Partnership Manager
Compliance Officer
Innovation Director
Strategic Planning Manager
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