This Non Disclosure Agreement Whistleblower is designed for use in situations where organizations need to protect legitimate business confidentiality while ensuring compliance with Indonesian whistleblower protection laws. The document becomes relevant when employees may need to report misconduct or violations while handling sensitive information. It incorporates key provisions from Indonesian legislation, including Law No. 31 of 2014 on Witness and Victim Protection, anti-corruption laws, and employment regulations. The agreement establishes clear protocols for internal reporting, defines protected disclosures, and includes non-retaliation provisions, making it essential for organizations operating in Indonesia that prioritize both compliance and ethical business practices.
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1. Parties: Identification of the organization and the individual (whistleblower/employee) entering into the agreement
2. Background: Context of the agreement, relationship between parties, and general purpose of the NDA in relation to whistleblowing
3. Definitions: Key terms including 'Confidential Information', 'Protected Disclosure', 'Whistleblowing', 'Legitimate Recipients', and 'Reporting Procedures'
4. Scope of Confidentiality: Details of what information is considered confidential, explicitly excluding information related to legitimate whistleblowing activities
5. Whistleblower Rights and Protections: Clear statement of statutory rights under Indonesian law, including Law No. 31 of 2014 and anti-corruption legislation
6. Internal Reporting Procedures: Step-by-step process for making internal reports of misconduct or concerns
7. External Reporting Rights: Acknowledgment of rights to report to authorized government bodies and law enforcement
8. Non-Retaliation Commitment: Organization's commitment not to retaliate against legitimate whistleblowing activities
9. Confidentiality Obligations: Specific obligations regarding non-disclosure of confidential information outside of protected whistleblowing activities
10. Term and Survival: Duration of the agreement and which provisions survive termination
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and amendment procedures
1. Alternative Dispute Resolution: Optional procedures for resolving disputes through mediation or arbitration before court proceedings
2. International Reporting Provisions: Required if the organization operates internationally or is subject to foreign whistleblowing laws
3. Industry-Specific Provisions: Additional provisions required for regulated industries such as financial services or healthcare
4. Digital Security Measures: Specific procedures for handling and transmitting confidential information electronically
5. Group Company Provisions: Required if the agreement needs to cover multiple affiliated entities
1. Schedule 1: Reporting Procedures Manual: Detailed step-by-step procedures for internal reporting, including contact information and escalation protocols
2. Schedule 2: Categories of Confidential Information: Detailed listing of types of information covered by the confidentiality obligations
3. Schedule 3: Legitimate Recipients: List of authorized persons or bodies to whom disclosures can be made
4. Appendix A: Internal Reporting Form: Standard form for making internal reports of concerns or misconduct
5. Appendix B: Acknowledgment of Rights: Summary of whistleblower rights and protections under Indonesian law for reference
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Manufacturing
Mining and Resources
Technology
Telecommunications
Government Contractors
Professional Services
Education
Retail
Construction
Transportation and Logistics
Energy
Relevant Teams
Legal
Human Resources
Compliance
Internal Audit
Risk Management
Ethics and Governance
Information Security
Executive Leadership
Board of Directors
Employee Relations
Relevant Roles
Chief Executive Officer
Chief Compliance Officer
Legal Counsel
Human Resources Director
Risk Manager
Internal Auditor
Ethics Officer
Department Head
Senior Manager
Employee Relations Manager
Corporate Secretary
Board Member
Operations Manager
Finance Director
Information Security Officer
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