This International Non Disclosure Agreement template is essential for businesses engaging in cross-border operations or negotiations where confidential information needs to be shared with foreign parties. It is specifically designed to comply with Malaysian law while maintaining international enforceability, incorporating key provisions from the Malaysian Contracts Act 1950, Trade Secrets Act 2017, and relevant international business practices. The document is particularly valuable for initial business discussions, due diligence processes, joint ventures, technology transfers, and other commercial relationships where proprietary information needs protection. It includes comprehensive definitions of confidential information, clear obligations for both parties, specific provisions for cross-border information transfer, and robust enforcement mechanisms under Malaysian jurisdiction.
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1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other crucial terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions from confidentiality obligations
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Protection Measures: Specific security measures required for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and survival of obligations after termination
10. Breach and Remedies: Consequences of breach, including remedies and relief available to the disclosing party
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for dispute resolution
1. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties have direct business relationships
2. Data Protection: Specific provisions for handling personal data, required when confidential information includes personal data
3. Intellectual Property Rights: Clarification of IP ownership and rights, important when confidential information includes IP
4. Export Control: Compliance with export control laws, necessary when dealing with regulated technologies or international transfers
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term NDAs
6. Alternative Dispute Resolution: Mediation or arbitration provisions, useful for international parties
7. Representatives and Authorized Persons: Specific provisions about who can access confidential information, useful for complex organizations
8. Publicity and Announcements: Restrictions on public announcements about the relationship, important for sensitive business relationships
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may receive confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for different types of confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted purpose(s) for which confidential information may be used
5. Appendix A - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
6. Appendix B - Confidentiality Undertaking: Template undertaking to be signed by representatives who will access confidential information
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