The Non Disclosure Form For Employees is a crucial legal document used in Indonesian business contexts to protect an organization's confidential information, trade secrets, and intellectual property. This document becomes necessary when employees are given access to sensitive business information during their employment. It is designed in accordance with Indonesian legal requirements, particularly focusing on compliance with Law No. 13 of 2003 on Manpower and Law No. 30 of 2000 on Trade Secrets. The agreement should be implemented at the commencement of employment or when an employee's role changes to include access to confidential information. It establishes clear guidelines for handling sensitive information, outlines the scope of confidential information, and defines the obligations that continue after employment termination.
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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, explaining the employment relationship and need for confidentiality
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 within the organization
5. Confidentiality Obligations: Details of the employee's obligations regarding confidential information, including non-use and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized business purposes
7. Security Measures: Specific measures the employee must take to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
9. Duration of Obligations: Period during which confidentiality obligations remain in effect, including post-employment
10. Breach and Remedies: Consequences of breaching the agreement and available legal remedies
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Third Party Information: Section addressing confidential information belonging to third parties (clients, partners, etc.) - include when employee will have access to third party confidential information
2. Intellectual Property Rights: Specific provisions regarding IP rights and ownership - include for technical or creative roles
3. Social Media and Public Communications: Guidelines for social media usage and public communications - include for employees with public-facing roles or social media access
4. Remote Work Provisions: Special confidentiality measures for remote working - include for employees working remotely
5. International Transfer of Data: Provisions for international data transfer - include for multinational companies or roles involving international communications
6. Non-Solicitation: Restrictions on soliciting other employees or customers - include for senior roles or customer-facing positions
1. Schedule A - Categories of Confidential Information: Detailed list of specific types and categories of confidential information covered
2. Schedule B - Security Protocols: Specific security procedures and protocols to be followed
3. Schedule C - Authorized Persons: List of persons or roles authorized to receive specific types of confidential information
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 NDA
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