This Non-Mutual NDA template is specifically designed for use under Malaysian law when one party (the Disclosing Party) needs to share confidential information with another party (the Receiving Party) while maintaining strict control over that information's use and dissemination. The document is particularly relevant in business contexts such as vendor evaluations, potential partnerships, or service provider engagements where information flow is predominantly one-directional. It incorporates key provisions required under Malaysian contract law and data protection regulations, making it suitable for both domestic and international arrangements where Malaysian law governs. The agreement includes comprehensive definitions of confidential information, clear obligations for the receiving party, and specific enforcement mechanisms aligned with Malaysian legal requirements.
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1. Parties: Identifies and defines the Disclosing Party and Receiving Party with their full legal names and addresses
2. Background: Explains the context of the disclosure relationship and purpose of the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', '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 of the Receiving Party
6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose confidential information
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies
11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes
1. Survival of Obligations: Used when specific obligations need to continue after termination
2. Data Protection Compliance: Required when confidential information includes personal data under PDPA
3. Digital Security Measures: Added when information is primarily shared or stored electronically
4. Non-Solicitation: Optional clause preventing solicitation of employees/clients
5. Assignment: Include when transfer of rights needs to be restricted
6. Relationship of Parties: Added to clarify no partnership/agency is created
7. Severability: Include when agreement needs protection against partial invalidity
1. Schedule 1 - Description of Purpose: Detailed description of the permitted purpose for information sharing
2. Schedule 2 - Categories of Confidential Information: Specific listing of types of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols for information handling
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