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Confidentiality Form For Employees for Indonesia

Confidentiality Form For Employees Template for Indonesia

This document is a comprehensive confidentiality agreement designed for use between employers and employees in Indonesia, structured to comply with Indonesian employment law, particularly Law No. 13 of 2003 on Manpower and Law No. 30 of 2000 on Trade Secrets. It establishes binding confidentiality obligations for employees, protecting the company's proprietary information, trade secrets, and intellectual property during and after employment. The agreement includes specific provisions for information handling, security measures, and post-employment obligations, all tailored to meet Indonesian legal requirements and business practices.

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What is a Confidentiality Form For Employees?

The Confidentiality Form For Employees is a crucial legal document used in Indonesian business operations to establish and maintain confidentiality obligations between employers and their employees. This document is essential when employees have access to sensitive business information, trade secrets, intellectual property, or proprietary data. It should be implemented at the start of employment or when an employee's role changes to include access to confidential information. The agreement is structured to comply with Indonesian legislation, particularly Law No. 13 of 2003 on Manpower and Law No. 30 of 2000 on Trade Secrets, while also considering recent data protection requirements under Law No. 27 of 2022 on Personal Data Protection. It serves as a key risk management tool for businesses operating in Indonesia, providing legal recourse in case of unauthorized disclosure of confidential information.

What sections should be included in a Confidentiality Form For Employees?

1. Parties: Identification of the employer company and the employee, including their respective addresses and legal details

2. Background: Context of the agreement, explaining the employment relationship and the need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant definitions under Indonesian law

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, aligned with Law No. 30 of 2000 on Trade Secrets

5. Employee Obligations: Specific duties and responsibilities regarding the handling and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized business purposes

7. Security Measures: Required procedures and practices for maintaining confidentiality

8. Duration of Obligations: Period of confidentiality obligations during and after employment

9. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination

10. Breach and Consequences: Consequences of breaching the agreement, including legal remedies and damages

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

What sections are optional to include in a Confidentiality Form For Employees?

1. Non-Solicitation: Additional provisions preventing the employee from soliciting other employees or customers, included when the employee has significant client contact

2. Intellectual Property Rights: Detailed section on IP ownership and assignment, needed when employee role involves creation of IP

3. Third Party Information: Provisions regarding confidential information belonging to third parties, included when employee will have access to client or partner confidential information

4. Data Privacy Compliance: Specific provisions relating to personal data handling, included when role involves processing personal data under Law No. 27 of 2022

5. International Transfer of Data: Provisions for international data transfers, included for multinational companies or when employee may handle data across borders

What schedules should be included in a Confidentiality Form For Employees?

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information relevant to the employee's role

2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed

3. Schedule 3 - Approved Third Party Recipients: List of approved third parties who may receive confidential information

4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information

5. Appendix B - Exit Procedures: Procedures to be followed regarding confidential information upon employment termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

Genie AI

Cost

Free to use

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