The Confidentiality Agreement For HR Employees is a crucial legal document used when onboarding HR professionals who will have access to sensitive employee and company information. This agreement is particularly important in the Swiss context, where data protection laws are strict and comprehensive. HR employees have unique access to confidential information including personal data, salary information, health records, performance evaluations, and strategic personnel planning. The agreement ensures compliance with Swiss federal laws, including the Federal Act on Data Protection and the Code of Obligations, while establishing clear guidelines for handling sensitive information. It should be implemented before an HR employee begins their role and remains binding even after employment termination.
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1. Parties: Identification of the employer and the HR employee
2. Background: Context of the agreement, highlighting the HR role and access to confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'HR Data', 'Processing' and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the HR context, including employee data, salary information, performance reviews, etc.
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and processing of confidential information
6. Data Protection Compliance: Specific obligations under Swiss data protection law, including data processing principles and security measures
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and business necessity
8. Security Measures: Specific measures required to protect confidential information, including digital and physical security
9. Duration of Obligations: Time period for confidentiality obligations, including post-employment obligations
10. Return of Confidential Information: Obligations regarding return or destruction of confidential information upon employment termination
11. Breach and Consequences: Consequences of breach, including legal remedies and potential penalties
12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction
1. Third Party Disclosure: Additional provisions for sharing information with authorized third parties like payroll providers or benefits administrators
2. International Data Transfers: Include if the company operates internationally and HR data might be transferred across borders
3. Intellectual Property Rights: Include if HR role involves access to company IP beyond standard HR data
4. Non-Competition Clause: Optional additional restrictions on post-employment activities, subject to Swiss law limitations
5. Whistleblowing Provisions: Include if company has specific whistleblowing policies or if required by corporate governance
6. Training Requirements: Include if specific training on data protection and confidentiality is mandatory
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 for handling confidential information
3. Schedule 3: Approved Third Party Processors: List of approved third-party service providers who may receive confidential information
4. Appendix A: Data Protection Checklist: Checklist for compliance with data protection requirements
5. Appendix B: Incident Reporting Form: Template for reporting confidentiality or data protection incidents
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