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Confidentiality Agreement (CA) and Non-Disclosure Agreement (NDA)

Confidentiality Agreement (CA) and Non-Disclosure Agreement (NDA)

Confidentiality Agreement (CA) and Non-Disclosure Agreement (NDA) are agreements that regulate restrictions or prohibitions on disclosing important or sensitive company information.

Commonly, CA and NDA are also known as Confidentiality Agreements. The intent and purpose of the Confidentiality Agreement is that the agreement is only known by the parties to the agreement.

These two type of agreement is regulated in the Act. Number 30 of 2000 concerning Trade Secrets. The purpose of the issuance this regulation is to provide legal protection for Trade Secrets from each party, both within the scope of national and international trade.


The general requirements that usually need to be prepared in creating a confidentiality agreement are as follows:

  1. For Individuals
    a. ID card;
    b. Taxpayer Identification Number (NPWP).
  2. For Business Entities
    a. Deed of Establishment;
    b. Taxpayer Identification Number (NPWP) of the company;
    c. Other supporting documents related.
  3. Contents of The Agreement
    a. Data of the parties;
    b. The object of the agreement;
    c. Specific matters relating to rights and obligations.

The differences between CA and NDA

The obligation to keep the information obtained is borne by one party. There are rights and obligations of the parties to protect the confidentiality of the agreement. It is due to the exchange of information from each party.

Confidentially Agreement (CA)
Non-Disclosure Agreement (NDA)
CA is usually used for confidentiality agreements such as in the working scope or professional relationships between employers and employees in companies.
NDA is commonly used for confidentiality agreements in the business sector such as with investors, suppliers, vendors or other business partnerships.
Generally, the confidential information in question is confidential to one of the parties only.
Generally, there is an exchange of information that each party must keep in secret.
The obligation to keep the information obtained is borne by one party.
There are rights and obligations of the parties to protect the confidentiality of the agreement. It is due to the exchange of information from each party.

Disclaimer:

The information provided here is based on our long experience. The process or requirement may vary depending on the specific facts and conditions. Besides, the law and regulations in Indonesia subject to frequent changes. Please contact us as your consultant to get an up to date information and accurate advice. More Information click here and You can also follow our social media accounts to see the latest information posts. please click on the following links: Facebook, Instagram, Linkedin, and Twitter.

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