The NDA for Business Partnership is essential when companies or individuals in Malaysia plan to enter into business collaborations or strategic partnerships that involve sharing sensitive information. This document becomes particularly crucial in the Malaysian business context where protection of trade secrets and confidential information is governed by both common law principles and statutory provisions. It should be used before commencing detailed partnership discussions or due diligence processes, ensuring that all shared information remains confidential. The agreement covers various types of confidential information including trade secrets, business plans, technical know-how, customer data, and financial information, while ensuring compliance with Malaysian legislation including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant business regulations.
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1. Parties: Identifies and provides full details of all parties entering into the NDA, including registration numbers for companies
2. Background: Explains the context of the business partnership and purpose of sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidentiality: Details what information is considered confidential and covered by the agreement
5. Obligations of Receiving Party: Specifies the duties and responsibilities regarding handling and protecting confidential information
6. Permitted Disclosures: Outlines circumstances under which confidential information may be shared with third parties
7. Security Measures: Describes required security protocols for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
10. Breach and Remedies: Details consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes
12. Entire Agreement: Confirms the NDA represents the entire agreement regarding confidentiality
1. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, recommended when parties will have access to personnel or client information
2. Data Protection Compliance: Additional provisions for compliance with PDPA 2010, required if personal data will be shared
3. Intellectual Property Rights: Clarifies ownership of IP and any licenses granted, needed if IP will be shared or developed
4. Export Control: Required if confidential information may be subject to export control regulations
5. Competition Law Compliance: Needed when parties are competitors or share market-sensitive information
6. Force Majeure: Addresses handling of confidential information during unexpected events, recommended for long-term partnerships
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for protecting confidential information
4. Appendix A - Information Return Form: Template form for documenting return or destruction of confidential information
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