The Confidentiality Agreement For IT Employees is a specialized legal document designed for use in Indonesia when hiring or maintaining employment relationships with IT professionals who have access to sensitive technical information, systems, and data. This agreement becomes necessary due to the unique nature of IT roles, where employees frequently handle confidential technical information, source code, system architecture, security protocols, and customer data. The document ensures compliance with Indonesian regulations, including the Personal Data Protection Law 2022, Law No. 11 of 2008 on Electronic Information and Transactions, and Law No. 13 of 2003 on Manpower. It provides comprehensive protection for employers while clearly outlining employee obligations regarding confidentiality, data protection, and intellectual property rights.
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1. Parties: Identification of the employer company and the IT employee
2. Background: Context of the agreement, nature of employment, and reason for confidentiality requirements
3. Definitions: Detailed definitions including Confidential Information, Trade Secrets, Intellectual Property, Systems, Source Code, and other relevant terms
4. Scope of Confidential Information: Comprehensive description of what constitutes confidential information in the IT context, including technical data, source code, algorithms, databases, and customer information
5. Employee Obligations: Specific duties regarding handling of confidential information, including digital security practices and access protocols
6. Security Protocols: Required security measures and protocols when accessing and handling confidential information and systems
7. Intellectual Property Rights: Recognition of company's IP rights and provisions regarding employee-created IP
8. Data Protection Compliance: Obligations regarding personal data protection under Indonesian law
9. Term and Survival: Duration of confidentiality obligations during and after employment
10. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
11. Breach and Consequences: Consequences of breaching the agreement, including legal remedies and penalties
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Remote Work Provisions: Additional security and confidentiality requirements when working remotely, used when remote work is permitted
2. Third Party Disclosure: Procedures for authorized disclosure to third party contractors or vendors, included when employee role requires external collaboration
3. International Data Transfer: Provisions for handling international data transfers, included when employee role involves cross-border data handling
4. Non-Competition: Restrictions on working with competitors, included for senior IT roles or those with access to highly sensitive information
5. Source Code Protection: Specific provisions for protecting source code, included for developers and programming roles
6. Client Confidentiality: Additional provisions for protecting client data, included for client-facing IT roles
1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information, systems, and data the employee will have access to
2. Schedule B - Security Protocols: Detailed security procedures and protocols to be followed
3. Schedule C - Authorized Systems and Access Levels: List of systems, databases, and applications the employee is authorized to access
4. Schedule D - Return of Information Checklist: Checklist for returning or destroying confidential information upon termination
5. Appendix 1 - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
6. Appendix 2 - Incident Reporting Procedures: Procedures for reporting security incidents or potential breaches
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