This Staff Confidentiality Agreement is essential for businesses operating in Indonesia that need to protect their confidential information, trade secrets, and intellectual property. The document is typically used when onboarding new employees or updating existing employment arrangements to ensure proper protection of sensitive business information. It complies with Indonesian legislation, including Law No. 13 of 2003 on Manpower and Law No. 30 of 2000 on Trade Secrets, while incorporating international best practices for information security. The agreement should be used for any employee who may have access to confidential information during their employment, ranging from technical data and trade secrets to customer information and business strategies. It includes comprehensive definitions, clear obligations, and specific procedures for handling confidential information, making it suitable for various industries and roles within organizations operating under Indonesian jurisdiction.
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1. Parties: Identification of the employer and employee, including their legal names, addresses, and roles
2. Background: Context of the agreement, employment relationship, and reason for confidentiality requirements
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations of the employee regarding the handling and protection of confidential information
6. Duration of Obligations: Period during which confidentiality obligations remain in effect, including post-employment obligations
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized disclosures
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination of employment
9. Breach and Remedies: Consequences of breaching the agreement and available legal remedies
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Intellectual Property Rights: Additional provisions specifically addressing IP rights, used when employee role involves creation of intellectual property
2. Third Party Information: Provisions regarding confidential information belonging to third parties, used when employee may have access to client or partner confidential information
3. Non-Competition: Restrictions on competitive activities, used for senior employees or those with access to highly sensitive information
4. Electronic Data Protection: Specific provisions for handling electronic data, used when employee has access to digital confidential information
5. International Transfer of Data: Provisions regarding international data transfers, used for multinational companies or when dealing with overseas clients
6. Monitoring and Compliance: Procedures for monitoring compliance, used for high-security environments or regulated industries
1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered by the agreement
2. Schedule 2 - Security Procedures: Specific procedures and protocols for handling confidential information
3. Schedule 3 - Authorized Persons: List of persons or roles authorized to receive specific types of confidential information
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information
5. Appendix B - Exit Procedures: Checklist and procedures for handling confidential information upon employment termination
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