The Confidentiality Agreement For HR Employees is essential for organizations operating in Indonesia that need to protect sensitive employee and company information handled by their HR personnel. This document is specifically tailored to comply with Indonesian employment law, data protection regulations, and confidentiality requirements, including Law No. 13 of 2003 on Manpower and relevant data protection legislation. It should be implemented when onboarding new HR staff or updating existing HR confidentiality protocols. The agreement covers various aspects of confidential information handling, including employee personal data, compensation details, organizational changes, recruitment strategies, and other sensitive HR matters. It's particularly important given the increasing focus on data protection and privacy in Indonesia's business environment.
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1. Parties: Identification of the employer company and the HR employee entering into the agreement
2. Background: Context of the agreement, explaining the HR role and access to confidential information
3. Definitions: Defines key terms including Confidential Information, Personal Data, Trade Secrets, HR Information, and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the HR context, including employee data, company policies, compensation information, and strategic HR plans
5. Confidentiality Obligations: Core obligations regarding handling, protecting, and maintaining confidentiality of information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed in the course of HR duties
7. Data Protection and Security Measures: Specific measures required to protect confidential information, including digital security protocols
8. Duration of Obligations: Period during which confidentiality obligations remain in effect, including post-employment obligations
9. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request
10. Breach and Consequences: Consequences of breaching the agreement, including legal remedies and potential penalties
11. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for disputes
12. Execution: Signature blocks and execution details
1. Third Party Disclosure: Additional provisions for cases where HR employees may need to share information with third-party service providers
2. International Data Transfer: Include when the company has international operations requiring cross-border data transfers
3. Intellectual Property Rights: Additional provisions regarding IP rights when HR role involves access to company IP
4. Training and Compliance: Section outlining required training and compliance programs, useful for larger organizations
5. Monitoring and Audit Rights: Company's rights to monitor compliance, recommended for sensitive HR positions
6. Survival Clause: Specific provisions that survive termination of employment, recommended for senior HR positions
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information specific to HR role
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Authorized Third Parties: List of approved third parties who may receive certain confidential information
4. Appendix A - Acknowledgment Form: Form for periodic reaffirmation of confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Healthcare
Education
Retail
Professional Services
Construction
Hospitality
Mining
Energy
Telecommunications
Transportation
Agriculture
Consumer Goods
Relevant Teams
Human Resources
People Operations
Talent Management
Recruitment
Learning & Development
Compensation & Benefits
Employee Relations
HR Operations
Payroll
HR Information Systems
HR Compliance
Relevant Roles
HR Manager
HR Director
HR Coordinator
HR Business Partner
HR Administrator
Recruitment Specialist
Compensation and Benefits Analyst
Training and Development Manager
Employee Relations Manager
HR Information Systems Specialist
Payroll Manager
HR Operations Manager
Talent Acquisition Specialist
Performance Management Specialist
HR Compliance Officer
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