This Multilateral Non Disclosure Agreement is essential for complex business relationships where multiple parties need to share confidential information while ensuring legal protection under Malaysian law. The document is particularly relevant for situations involving joint ventures, research collaborations, multi-party projects, or complex commercial transactions where sensitive information needs to be shared among three or more parties. It incorporates provisions compliant with Malaysian legislation, including the Contracts Act 1950 and Personal Data Protection Act 2010, while addressing specific challenges of multi-party confidentiality such as information flow control, varying levels of access, and complex termination scenarios. The agreement is structured to accommodate both Malaysian and international parties, making it suitable for cross-border transactions while maintaining enforceability under Malaysian jurisdiction.
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1. Parties: Identification of all parties to the agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, purpose of information sharing, and nature of the relationship between parties
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments
1. Mutual vs One-Way Obligations: Additional provisions specifying whether confidentiality obligations are mutual or one-way, used when some parties are only disclosing or only receiving
2. Digital Data Protection: Specific provisions for digital data protection, used when confidential information includes electronic data
3. Cross-Border Transfer: Provisions governing international transfer of confidential information, used when parties are in different jurisdictions
4. Competitive Restrictions: Non-compete or non-solicitation provisions, used when information sharing could lead to competitive risks
5. Intellectual Property Rights: Specific provisions protecting IP rights, used when confidential information includes IP-sensitive material
6. Force Majeure: Provisions for handling confidential information during force majeure events, used in long-term NDAs
7. Data Privacy Compliance: Specific PDPA compliance provisions, used when confidential information includes personal data
1. Schedule 1 - Party Details: Detailed information about all parties, including contact details for notices and authorized representatives
2. Schedule 2 - Confidential Information Categories: Detailed categorization of different types of confidential information covered
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for different types of confidential information
4. Schedule 4 - Authorized Representatives: List of authorized representatives for each party who may access confidential information
5. Schedule 5 - Information Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
6. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or third parties who will access confidential information
7. Appendix B - Security Breach Protocol: Procedures to be followed in case of security breach or unauthorized disclosure
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