THE ROLE OF NON-DISCLOSURE AGREEMENTS IN PROTECTING TRADE SECRET HOLDERS IN MICRO, SMALL, AND MEDIUM ENTERPRISES (COMPARATIVE STUDY OF INDONESIAN-AZERBAIJAN LAW)

Zahratul Maulida, . (2025) THE ROLE OF NON-DISCLOSURE AGREEMENTS IN PROTECTING TRADE SECRET HOLDERS IN MICRO, SMALL, AND MEDIUM ENTERPRISES (COMPARATIVE STUDY OF INDONESIAN-AZERBAIJAN LAW). Eduvest – Journal of Universal Studies, 5 (12). pp. 1-9. ISSN 2775-3727

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Abstract

This research addresses the growing risk of trade secret violations by business actors, especially within the MSME sector, involving confidential economic information in technology and business. It aims to analyze legal regulations on NDAs as tools for protecting trade secrets in Indonesia and Azerbaijan. Employing normative legal methods, the study reviews library research, statutory regulations, NDA violation cases in Indonesia, and literature on NDA practices in Azerbaijan. Findings reveal that Indonesia does not specifically regulate NDAs by law; however, they hold legal validity under the freedom of contract principle, as stated in Article 1338 of the Civil Code. In contrast, Azerbaijan's NDA enforcement is more effective due to supportive government policies and legal institutions that help MSMEs safeguard confidential business information. This comparison highlights the need for Indonesia to strengthen regulations and improve legal awareness concerning NDAs to better protect MSMEs’ trade secrets. The study suggests that practical protection for MSMEs requires not only well structured contracts but also institutional backing and legal literacy initiatives. For policymakers, it recommends Indonesia develop specific NDA regulations and create institutions akin to Azerbaijan's KOBİA, which assists MSMEs in drafting and enforcing confidentiality agreements, thereby enhancing their competitiveness in the digital economy.

Item Type:	Article
Additional Information:	[No. Panggil : 2210611080] [Pembimbing : Ridha Wahyuni] [Penguji 1 : Muthia Sakti] [Penguji 2: Rianda Dirkareshza]
Uncontrolled Keywords:	Trade Secrets; Confidentiality Agreements; MSMEs; Comparison of Azerbaijani Law
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	ZAHRATUL MAULIDA
Date Deposited:	17 Mar 2026 03:25
Last Modified:	17 Mar 2026 03:25
URI:	http://repository.upnvj.ac.id/id/eprint/41636

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