This Model Non-Disclosure Agreement serves as a standardized template for businesses operating under Malaysian jurisdiction who need to protect confidential information during business dealings, negotiations, or collaborative ventures. It is designed to comply with Malaysian legal requirements, including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant common law principles. The document is particularly useful for companies engaging in business discussions, due diligence processes, joint ventures, or service arrangements where sensitive information needs to be shared. It includes comprehensive provisions for defining confidential information, establishing security measures, and outlining remedies for breach, while remaining adaptable to various business contexts and industry-specific requirements.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the relationship between the parties
3. Definitions: Key terms used in the agreement, particularly the definition of 'Confidential Information', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty to maintain secrecy, permitted uses, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required measures to protect confidential information from unauthorized access or disclosure
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival: Obligations that continue after termination of the agreement
11. Remedies: Available remedies in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution requirements
1. Data Protection: Additional provisions when personal data is involved, ensuring compliance with the Personal Data Protection Act 2010
2. Digital Information: Specific provisions for digital or electronic confidential information, including cybersecurity requirements
3. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Export Control: Compliance with export control laws when information may be subject to international transfer restrictions
6. Force Majeure: Provisions for unforeseen circumstances affecting the ability to protect confidential information
7. Assignment: Rights and restrictions regarding the assignment of the agreement to third parties
8. Counterparts: Provision allowing execution in counterparts when parties are not physically present together
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used
2. Schedule 2 - Categories of Confidential Information: Specific listing of types or categories of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols required for protecting confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by employees or representatives who will access confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Real Estate
Energy
Telecommunications
Retail
Education
Research and Development
Biotechnology
Automotive
Construction
Media and Entertainment
Relevant Teams
Legal
Compliance
Corporate Secretariat
Business Development
Research and Development
Human Resources
Information Technology
Finance
Operations
Procurement
Risk Management
Innovation
Strategy
Investment
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Chief Financial Officer
Operations Manager
Procurement Manager
Investment Manager
Corporate Secretary
Compliance Officer
Risk Manager
Innovation Director
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