The Confidentiality Agreement For HR Employees is essential for organizations operating in Malaysia to protect sensitive information handled by their HR personnel. This document becomes necessary when HR employees are hired or when existing HR staff need to formalize their confidentiality obligations. It addresses the unique position of HR professionals who have access to sensitive employee data, salary information, strategic personnel plans, and other confidential business information. The agreement ensures compliance with Malaysian legislation, particularly the Personal Data Protection Act 2010, Employment Act 1955, and relevant common law principles regarding confidentiality. It is designed to protect both the organization's interests and ensure proper handling of personal data while maintaining employee privacy rights under Malaysian law.
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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, nature of HR role, and access to confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Trade Secrets', 'HR Records', and 'Proprietary Information'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the HR context
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and non-disclosure requirements
6. Data Protection Compliance: Specific obligations regarding personal data handling in compliance with PDPA 2010
7. Security Measures: Required security procedures and practices for protecting confidential information
8. Term and Survival: Duration of obligations and survival of confidentiality duties post-employment
9. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Authorized Disclosures: Section defining circumstances where disclosure is permitted (include if HR role involves external reporting)
2. Third Party Information: Additional provisions for handling third party confidential information (include if HR role involves vendor or client data)
3. Intellectual Property Rights: Specific IP provisions (include if HR role involves access to proprietary HR systems or processes)
4. Non-Competition: Restrictions on working for competitors (include for senior HR positions)
5. International Data Transfers: Provisions for international data transfers (include for multinational companies)
6. Whistleblower Protection: Provisions protecting legitimate whistleblowing activities (include if required by company policy)
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information handled in HR role
2. Schedule 2 - Security Protocols: Specific security procedures and protocols to be followed
3. Schedule 3 - Authorized Personnel: List of roles/persons with whom confidential information may be shared
4. Appendix A - Acknowledgment Form: Form for periodic acknowledgment of confidentiality obligations
5. Appendix B - Data Breach Reporting Procedure: Steps to be followed in case of data breach or unauthorized disclosure
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Healthcare
Education
Retail
Professional Services
Telecommunications
Construction
Energy
Hospitality
Transportation
Real Estate
Mining
Agriculture
Media and Entertainment
Relevant Teams
Human Resources
People Operations
Talent Management
Recruitment
Learning & Development
Compensation & Benefits
Employee Relations
Payroll
HR Analytics
HR Information Systems
Personnel Administration
Relevant Roles
HR Director
HR Manager
HR Business Partner
HR Executive
HR Administrator
Recruitment Manager
Compensation and Benefits Manager
Training and Development Manager
HR Coordinator
Payroll Manager
HR Assistant
Employee Relations Manager
HR Data Analyst
HRIS Specialist
HR Intern
Talent Acquisition Specialist
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