The Data Non-Disclosure Agreement serves as a critical legal instrument in Indonesia's business environment, particularly following the implementation of Law No. 27 of 2022 on Personal Data Protection. This document is essential when parties need to share sensitive information, trade secrets, or personal data in the course of business relationships, negotiations, or collaborative projects. It incorporates specific requirements under Indonesian data protection laws, including mandatory security measures, data processing limitations, and cross-border transfer restrictions. The agreement is particularly relevant for business transactions, technology partnerships, outsourcing arrangements, and any situations involving the exchange of confidential information or personal data processing within Indonesian jurisdiction.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, addresses, and company registration details as required under Indonesian law
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential data
3. Definitions: Detailed definitions including 'Confidential Information', 'Personal Data', 'Processing', 'Data Security Breach' aligned with Indonesian PDP Law definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal data under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including data protection, security measures, and compliance with Indonesian data protection laws
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized personnel
7. Data Security Measures: Specific security measures required to protect confidential information in compliance with Indonesian regulations
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
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
1. Cross-Border Data Transfer: Required when confidential information may be transferred outside Indonesia, addressing compliance with Indonesian data transfer regulations
2. Data Processing Requirements: Needed when the receiving party will process personal data, including specific obligations under the PDP Law
3. Audit Rights: Optional section granting rights to audit compliance with confidentiality and data protection obligations
4. Insurance Requirements: Required when parties need specific insurance coverage for data protection and cyber risks
5. Force Majeure: Optional inclusion of force majeure provisions specific to data protection and storage
6. Third Party Rights: Required when third parties may have rights under the agreement or when data relates to third parties
1. Schedule 1 - Description of Confidential Information: Detailed list and categorization of confidential information and personal data covered
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information and their security clearance levels
3. Schedule 3 - Security Measures and Standards: Detailed technical and organizational security measures required for data protection
4. Schedule 4 - Data Processing Activities: Description of permitted data processing activities and associated safeguards
5. Appendix A - Data Breach Response Plan: Procedures and protocols for handling data security breaches
6. Appendix B - Compliance Checklist: Checklist of compliance requirements under Indonesian data protection laws
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