This Non-Employee Confidentiality Agreement is essential for businesses operating in Malaysia that need to share sensitive information with external parties while maintaining legal protection. It is typically used when engaging with consultants, contractors, vendors, or other non-employee parties who require access to confidential business information, trade secrets, or intellectual property. The agreement ensures compliance with Malaysian legislation, including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant common law principles protecting confidential information. It provides a framework for defining confidential information, establishing clear obligations for its protection, and outlining remedies in case of breach, while facilitating necessary business relationships with external stakeholders.
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1. Parties: Identifies and provides details of the disclosing party and receiving party
2. Background: Explains the context and purpose of the agreement, including the nature of the relationship between parties
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations and standards of care required
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed
7. Security Measures: Outlines required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which provisions survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection
2. Data Protection Compliance: Include when personal data is involved, ensuring PDPA compliance
3. Non-Competition: Include when there's a need to restrict competitive activities
4. Non-Solicitation: Include when there's a need to prevent solicitation of employees or customers
5. Assignment and Subcontracting: Include when there's a possibility of corporate restructuring or third-party involvement
6. Audit Rights: Include when the disclosing party needs rights to audit compliance
7. Insurance Requirements: Include when specific insurance coverage is required for confidential information
8. Cross-Border Data Transfers: Include when confidential information may be transferred internationally
1. Schedule 1 - Description of Confidential Information: Detailed list and description of specific confidential information covered
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 handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
6. Appendix B - Incident Response Plan: Procedures to follow in case of unauthorized disclosure or security breach
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