The Non-Disclosure Non-Solicitation Agreement is essential in Malaysian business contexts where parties need to share sensitive information while protecting their business interests. This document is typically used when entering into business relationships, employment arrangements, or negotiations where confidential information will be shared and there's a need to prevent the poaching of employees or customers. The agreement must comply with Malaysian legislation, including the Contracts Act 1950, Personal Data Protection Act 2010, and Employment Act 1955. It's particularly relevant in situations involving potential partnerships, employment relationships, or business negotiations where protection of both confidential information and business relationships is crucial. The document includes comprehensive definitions of confidential information, specific non-solicitation provisions, and clearly defined temporal and geographical scope of restrictions.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Confidential Information', 'Solicitation', and 'Restricted Period'
4. Confidentiality Obligations: Detailed obligations regarding the protection, use, and non-disclosure of confidential information
5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or business relationships
6. Duration and Territory: Time period and geographical scope of the obligations
7. Return of Confidential Information: Requirements for returning or destroying confidential information
8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
9. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
10. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Permitted Disclosures: Specific circumstances under which confidential information may be disclosed, such as to professional advisors or as required by law
2. Survival: Provisions specifying which obligations survive termination of the agreement
3. Data Protection Compliance: Specific provisions relating to compliance with Malaysian Personal Data Protection Act
4. Assignment: Rights and restrictions regarding assignment of the agreement
5. Third Party Rights: Provisions regarding the rights of third parties under the agreement
6. Force Majeure: Provisions for circumstances beyond parties' control affecting performance
7. Dispute Resolution: Detailed procedures for resolving disputes, including mediation or arbitration
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
3. Schedule 3 - Restricted Entities: List of specific competitors or entities covered by non-solicitation provisions
4. Schedule 4 - Security Protocols: Specific procedures for handling and protecting confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or representatives who will have access to confidential information
Authors
Relevant legal definitions
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Relevant Industries
Technology
Financial Services
Manufacturing
Healthcare
Professional Services
Telecommunications
Research and Development
Biotechnology
Education
Retail
Energy
Construction
Media and Entertainment
Automotive
Aerospace
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Operations
Finance
Procurement
Sales
Corporate Strategy
Mergers and Acquisitions
Innovation
Product Development
Information Security
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Sales Director
Operations Manager
Department Head
Procurement Manager
Investment Manager
Senior Engineer
Product Manager
Strategy Consultant
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