The Personal Information Confidentiality Agreement is essential for organizations operating in Malaysia that need to protect sensitive personal information in their business operations. This document is specifically designed to comply with Malaysian data protection laws, particularly the Personal Data Protection Act 2010, and is used when parties need to share, process, or handle personal information in a confidential manner. It's commonly implemented in situations involving employee data, customer information, or when engaging with third-party service providers who may have access to personal data. The agreement outlines specific obligations for data protection, security measures, and confidentiality requirements, while ensuring compliance with Malaysian regulatory requirements for personal data protection.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers (if applicable), and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential personal information
3. Definitions: Key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Subject', and other relevant terms as defined in Malaysian PDPA
4. Scope of Confidential Information: Detailed description of what constitutes confidential personal information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential personal information
6. Data Protection Compliance: Specific obligations to comply with Malaysian PDPA and other relevant data protection laws
7. Security Measures: Required technical and organizational measures to protect confidential personal information
8. Duration and Survival: Term of the agreement and survival of obligations post-termination
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. International Data Transfers: Requirements for transferring personal information outside Malaysia - include when international data sharing is contemplated
2. Industry-Specific Requirements: Additional requirements for specific sectors (e.g., healthcare, financial services) - include when dealing with regulated industries
3. Data Subject Rights: Procedures for handling data subject access requests and other rights - include when direct interaction with data subjects is expected
4. Subcontractor Obligations: Requirements for sharing confidential information with subcontractors - include when subcontracting is permitted
5. Insurance Requirements: Specific insurance obligations for data protection - include for high-risk data processing
6. Audit Rights: Rights to audit compliance with the agreement - include for complex data processing arrangements
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of personal information covered by the agreement
2. Schedule 2 - Approved Security Measures: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access the confidential information
4. Appendix A - Data Processing Procedures: Detailed procedures for handling and processing personal information
5. Appendix B - Incident Response Plan: Procedures for responding to data breaches or security incidents
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