The Employee Confidentiality Agreement is a crucial document used to protect an organization's proprietary and confidential information in Indonesia. It should be implemented at the commencement of employment or when an employee gains access to sensitive information. The agreement, governed by Indonesian law including Law No. 13 of 2003 on Manpower and Law No. 30 of 2000 on Trade Secrets, establishes clear guidelines for handling confidential information, defines the scope of protected information, and outlines the employee's obligations during and after employment. This document is particularly important in today's digital age where information can be easily transferred and copied, and should be regularly reviewed to ensure it remains current with evolving business needs and legal requirements.
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1. Parties: Identifies and provides full details of the employer and employee entering into the agreement
2. Background: Establishes the context of the agreement and the employment relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what constitutes confidential information under the agreement
5. Confidentiality Obligations: Details the employee's specific obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed (e.g., legal requirements, authorized disclosures)
7. Security Measures: Outlines the required procedures and precautions for handling confidential information
8. Return of Confidential Information: Stipulates requirements for returning or destroying confidential information upon employment termination
9. Duration of Obligations: Specifies how long the confidentiality obligations remain in effect after employment ends
10. Breach and Remedies: Details the consequences of breaching the agreement and available remedies
11. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and establishes jurisdiction for disputes
12. Execution: Formal signing section including date and signatures of all parties
1. Non-Competition: Additional restrictions on working with competitors (only if allowable under Indonesian labor law and appropriate for the role)
2. Non-Solicitation: Restrictions on soliciting other employees or customers, if relevant to the position
3. Intellectual Property Rights: Detailed provisions about IP ownership and assignment, particularly relevant for technical or creative roles
4. Data Protection Compliance: Specific obligations regarding personal data handling under Indonesian data protection law
5. Social Media Usage: Guidelines for social media use relating to company information, particularly relevant for marketing or public-facing roles
6. Third Party Information: Provisions regarding confidential information belonging to third parties, relevant when employee handles customer or partner data
7. Survival Clause: Specifies which provisions survive termination of employment, particularly important for senior positions
1. Schedule A - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule B - Security Protocols: Detailed procedures for handling and protecting confidential information
3. Schedule C - Authorized Disclosure Recipients: List of persons or entities to whom confidential information may be disclosed
4. Appendix 1 - Employee Acknowledgment Form: Form for periodic acknowledgment of confidentiality obligations
5. Appendix 2 - Exit Procedures Checklist: Checklist for ensuring proper handling of confidential information upon employment termination
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Retail
Telecommunications
Energy
Education
Research and Development
Pharmaceuticals
Media and Entertainment
Consulting
Information Technology
Banking
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Finance
Marketing
Sales
Operations
Executive Leadership
Product Development
Customer Support
Administration
Quality Assurance
Business Development
Strategy
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Software Developer
Research Scientist
Financial Analyst
Human Resources Manager
Product Manager
Marketing Director
Sales Representative
Data Analyst
System Administrator
Project Manager
Legal Counsel
Administrative Assistant
Customer Service Representative
Business Development Manager
Operations Manager
Quality Assurance Engineer
Research and Development Engineer
Executive Assistant
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