The Work Confidentiality Agreement serves as a crucial legal instrument for protecting an organization's confidential information and trade secrets under Indonesian law. This document is essential when engaging employees, contractors, or other individuals who will have access to sensitive company information in the course of their work. The agreement ensures compliance with Indonesian regulations, particularly Law No. 30 of 2000 on Trade Secrets and Law No. 13 of 2003 on Manpower, while establishing clear obligations regarding the handling, protection, and non-disclosure of confidential information. It should be implemented at the commencement of any working relationship where access to sensitive information is required and can be customized to address specific industry requirements and types of confidential information.
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1. Parties: Identification of the company and the employee/contractor who will be bound by the confidentiality obligations
2. Background: Context of the agreement, relationship between the parties, and general purpose of the confidentiality obligations
3. Definitions: Clear 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 regarding the protection, non-disclosure, and permitted uses of confidential information
6. Security Measures: Specific measures required to protect confidential information
7. Duration of Obligations: Period during which confidentiality obligations remain in force
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Additional provisions specifically addressing IP rights, used when confidential information includes patentable inventions or copyrightable works
2. Third Party Disclosure: Procedures for authorized disclosure to third parties, included when such disclosures may be necessary
3. Non-Competition: Restrictions on competitive activities, included when permitted by Indonesian law and necessary for business protection
4. Non-Solicitation: Restrictions on soliciting employees or customers, included when relevant to business protection
5. Survival Clause: Specifies which provisions survive termination, included in more comprehensive agreements
6. Assignment and Succession: Rules regarding transfer of rights and obligations, included when relevant to company structure
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access different categories of confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of confidential information
5. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research and Development
Telecommunications
Pharmaceuticals
Energy
Mining
Education
Retail
E-commerce
Media and Entertainment
Construction
Automotive
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Finance
Operations
Sales
Marketing
Product Development
Customer Service
Administration
Executive Leadership
Quality Assurance
Business Development
Procurement
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Software Developer
Research Scientist
Financial Analyst
Human Resources Manager
Product Manager
Business Development Executive
Legal Counsel
Project Manager
Data Analyst
Systems Administrator
Marketing Manager
Sales Executive
Operations Manager
Quality Assurance Specialist
Research and Development Engineer
Administrative Assistant
Customer Service Representative
Procurement Officer
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