The Employee Confidentiality And Non Disclosure Agreement is a crucial document used in Indonesian business contexts where employees have access to sensitive company information, trade secrets, or intellectual property. This agreement should be implemented at the commencement of employment or when an employee's role changes to include access to confidential information. The document ensures compliance with Indonesian regulations, particularly Law No. 30 of 2000 on Trade Secrets and Law No. 13 of 2003 on Manpower, while protecting legitimate business interests. It defines confidential information, establishes clear obligations for information protection, and outlines consequences of unauthorized disclosure, making it essential for companies operating in Indonesia's growing knowledge-based economy.
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1. Parties: Identification of the employer company and the employee, including their legal addresses and registration details
2. Background: Context of the agreement, employment relationship, and the need for confidentiality protection
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Comprehensive description of what constitutes confidential information under the agreement
5. Employee Obligations: Specific duties and responsibilities of the employee regarding confidential information
6. Protection Measures: Required security measures and procedures for handling confidential information
7. Duration of Obligations: Time period for confidentiality obligations, including post-employment obligations
8. Return of Confidential Information: Procedures for returning or destroying confidential information upon employment termination
9. Breach and Consequences: Actions constituting breach and resulting consequences, including legal remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and amendment procedures
1. Non-Competition: Restrictions on working with competitors, used when allowed by Indonesian employment law and necessary for business protection
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when business relationships need additional protection
3. Intellectual Property Rights: Specific provisions about IP ownership and transfer, included when employee role involves creation of IP
4. Data Privacy Compliance: Additional provisions relating to personal data protection under Indonesian law, included when role involves processing personal data
5. Third Party Information: Provisions regarding confidential information belonging to third parties, included when employee may have access to such information
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Security Procedures: Detailed procedures for handling and protecting confidential information
3. Schedule 3 - Approved Third Party Recipients: List of approved third parties who may receive confidential information if applicable
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information
5. Appendix B - Exit Interview Checklist: Checklist for ensuring all confidential information is returned upon employment termination
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Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research and Development
Telecommunications
Pharmaceutical
Energy
Consumer Goods
E-commerce
Education
Media and Entertainment
Relevant Teams
Legal
Human Resources
Information Technology
Research and Development
Executive Leadership
Finance
Product Development
Marketing
Sales
Operations
Quality Assurance
Business Intelligence
Customer Support
Administration
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Software Developer
Research Scientist
Product Manager
Financial Analyst
Human Resources Manager
Business Development Manager
Data Analyst
Project Manager
Systems Administrator
Marketing Manager
Legal Counsel
Operations Manager
Technical Lead
Sales Executive
Research Assistant
Quality Assurance Engineer
Executive Assistant
Department Head
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