This Mutual NDA template is specifically designed for use under Indonesian law when two parties need to share confidential information while exploring business opportunities, conducting negotiations, or engaging in collaborative projects. It incorporates key requirements from Indonesian legislation, including the Trade Secrets Law (Law No. 30 of 2000) and the Electronic Information and Transactions Law (Law No. 11 of 2008), making it suitable for both domestic and international business relationships involving Indonesian entities. The document provides comprehensive protection for various types of confidential information, including trade secrets, technical data, business plans, and intellectual property, while ensuring compliance with local legal requirements and business practices.
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1. Parties: Identification of the parties entering into the NDA, including their legal names, addresses, and company registration details as required under Indonesian law
2. Background: Brief context of why the parties are entering into the NDA and their intended business relationship
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection of confidential information, and permitted uses
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Security Measures: Specific measures required to protect confidential information, aligned with Indonesian Trade Secrets Law
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Termination: Term of the agreement and survival of obligations
9. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Electronic Information Protection: Additional provisions when confidential information is primarily shared electronically, incorporating requirements under Law No. 11 of 2008
2. Intellectual Property Rights: Specific provisions clarifying IP ownership and rights when IP-sensitive information is involved
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Data Privacy Compliance: Specific provisions for handling personal data when applicable
5. Export Control: Provisions for international information transfer if parties are dealing across borders
1. Schedule 1 - Specified Confidential Information: Detailed description or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols agreed upon by the parties for protecting confidential information
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