The Confidentiality Agreement Between Employer And Employee is a crucial legal document used in Indonesian business contexts to protect an organization's confidential information, trade secrets, and intellectual property from unauthorized disclosure or misuse. This agreement should be implemented at the start of employment or when an existing employee gains access to sensitive information. It is designed to comply with Indonesian legal framework, including the Manpower Law, Trade Secrets Law, and recent Personal Data Protection regulations. The document is particularly important given Indonesia's growing business sector and increasing focus on intellectual property protection. It typically includes detailed provisions on what constitutes confidential information, security protocols, breach consequences, and post-employment obligations, all while ensuring alignment with Indonesian employment law principles and local business practices.
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1. Parties: Identification of the employer and employee, including their full legal names, addresses, and any relevant registration numbers
2. Background: Context of the agreement, including the employment relationship and the need for confidentiality protection
3. Definitions: Clear definitions of 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other key terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information within the employment context
5. Confidentiality Obligations: Core obligations of the employee regarding the handling, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Security Measures: Specific measures the employee must take to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
9. Duration of Obligations: Period during which confidentiality obligations remain in effect, including post-employment
10. Breach and Remedies: Consequences of breaching the agreement and available legal remedies
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Non-Solicitation: Prevents employee from soliciting other employees or customers, included when there's significant customer contact or team leadership
2. Intellectual Property Rights: Additional provisions regarding IP created during employment, used when employee is involved in creative or technical work
3. Third Party Information: Provisions regarding confidential information belonging to third parties, included when employee may have access to client or partner data
4. Remote Work Provisions: Special confidentiality measures for remote working arrangements, included when employee works remotely
5. Electronic Data Protection: Specific provisions for protecting electronic data and using IT systems, included when dealing with digital information
6. International Transfer of Data: Provisions regarding international data transfers, included when employee may access or transfer data across borders
1. Schedule 1: Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2: Security Protocols: Detailed security procedures and protocols to be followed by the employee
3. Schedule 3: Authorized Recipients: List of persons or roles authorized to receive confidential information
4. Appendix A: Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information
5. Appendix B: Return of Information Checklist: Checklist for returning or destroying confidential information upon termination
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Retail
Telecommunications
Research and Development
Pharmaceuticals
Energy
Education
Media and Entertainment
Automotive
Aerospace
Consumer Goods
Relevant Teams
Human Resources
Legal
Information Technology
Research & Development
Finance
Executive Leadership
Sales
Marketing
Operations
Customer Support
Product Development
Business Development
Administration
Quality Assurance
Strategy
Relevant Roles
Chief Executive Officer
Chief Technical Officer
Software Developer
Research Scientist
Financial Analyst
Human Resources Manager
Product Manager
Business Development Executive
Marketing Director
Operations Manager
Data Analyst
Systems Administrator
Project Manager
Legal Counsel
Sales Executive
Customer Service Representative
Administrative Assistant
Department Head
Research Assistant
Technical Support Specialist
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