A non-disclosure agreement, or NDA, is a legal contract that aims to protect confidential information between two parties. This document typically states that the receiving party must not disclose or use any confidential information disclosed to them without the written consent of the disclosing party.
In Indonesia, non-disclosure agreements are common in business dealings, particularly those involving sensitive information such as trade secrets, intellectual property, and other proprietary information. If you are in need of a non-disclosure agreement, the following is a simple example to help you get started:
NON-DISCLOSURE AGREEMENT
This non-disclosure agreement (the “Agreement”) is made and entered into on [DATE] by and between [DISCLOSING PARTY], with its principal place of business at [ADDRESS] (“Disclosing Party”), and [RECEIVING PARTY], with its principal place of business at [ADDRESS] (“Receiving Party”).
1. Confidential Information Disclosed
The term “Confidential Information” refers to any information, data, or materials that are disclosed by the Disclosing Party to the Receiving Party. This may include trade secrets, customer lists, business plans, processes, financial information, and other proprietary information.
2. Confidentiality Obligations
The Receiving Party agrees to maintain the confidentiality of any Confidential Information that it receives from the Disclosing Party. The Receiving Party will not disclose, use, or permit any third party to use the Confidential Information for any purpose without first obtaining the written consent of the Disclosing Party.
3. Exclusions
The obligations of non-disclosure and confidentiality under this Agreement do not apply to any information that is already in the public domain or that the Receiving Party can prove was already known to them prior to the disclosure.
4. Term
This Agreement shall remain in effect for a period of [NUMBER] years from the date of execution.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Indonesia.
6. Remedies
Any breach of this Agreement by the Receiving Party will cause irreparable harm to the Disclosing Party, and the Disclosing Party will be entitled to seek injunctive relief, as well as any other legal remedies available.
7. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions and agreements relating to the subject matter.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
DISCLOSING PARTY:
(RECEIVING PARTY):
In conclusion, a non-disclosure agreement is an essential document in protecting sensitive information in any business transaction. The above example is a simple and straightforward way to get started with creating your own NDA. However, it is always recommended to consult with a legal professional to ensure that your NDA is tailored to your specific needs.