Year: 2024 | Month: December | Volume: 11 | Issue: 12 | Pages: 282-292
DOI: https://doi.org/10.52403/ijrr.20241230
Non-Disclosure Agreement as a Form Legal Protection of the Owner Trade Secret in Employment Agreements
Fitri Yanni Dewi Siregar1, Muhammad Citra Ramadhan2, Rizkan Zulyadi3, Nanang Tomi Sitorus4
Faculty of Law, Universitas Medan Area, North of Sumatera, Indonesia
Corresponding Author: Fitri Yanni Dewi Siregar
ABSTRACT
This research will be motivated by the existence of a potential violation of the franchisor's trade secrets related to information containing economic value in the field of technology and/or business whose confidentiality is maintained. The problem faced is that the Confidentiality Agreement or what is often referred to as the Non-Disclosure Agreement increasingly feels the need to use it in every cooperation agreement as a form of trade secret protection. This study aims to find out and understand the urgency of confidential information being made or included in a cooperation agreement clause, especially with regard to trade secrets. The confidentiality agreement regulated in the cooperation contract, the legal basis more or less refers to article 1338 of the Civil Code (KUHPer). The analytical method in this study uses normative legal research, which is a process to find legal rules, legal principles and legal doctrines to answer existing legal issues. Normative legal research is carried out to produce arguments, theories or new concepts as prescriptions in solving the problems at hand. The approach used is statutory and conceptual. The data collection instruments were observation, documentation studies and interviews, while data analysis used descriptive analysis.
Keywords: Non Disclosure Agreement; Legal protection; Trade Secret; Employment agreement
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