This Reciprocal Confidentiality Agreement is essential for business relationships where both parties need to share sensitive information while ensuring mutual protection. It is particularly relevant for commercial negotiations, joint ventures, potential business partnerships, or collaborative projects in Malaysia. The agreement complies with Malaysian legal requirements, including the Contracts Act 1950 and Personal Data Protection Act 2010, while incorporating international best practices for confidentiality protection. It covers the definition of confidential information, permitted uses, security measures, and obligations for both parties, making it suitable for both domestic Malaysian companies and international entities doing business in Malaysia.
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1. Parties: Identification of all parties to the agreement with full legal names and registration details
2. Background: Context of the agreement and purpose of information sharing
3. Definitions: Comprehensive definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for both parties
5. Obligations of Confidentiality: Core mutual obligations regarding protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by law
7. Security Measures: Required procedures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate including governing law, jurisdiction, entire agreement, etc.
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when confidential information includes IP - use when sharing technical information or trade secrets
2. Data Protection Compliance: Specific provisions for PDPA compliance - include when personal data may be shared
3. Digital Security Measures: Specific provisions for digital security and cybersecurity measures - include when information is shared electronically
4. Export Control: Provisions regarding export control regulations - include for international agreements or controlled technologies
5. Force Majeure: Provisions for unforeseen circumstances - include for long-term agreements or high-risk situations
6. Representatives and Authorized Persons: Detailed provisions about who can access information - include when multiple personnel will handle confidential information
1. Schedule 1 - Authorized Representatives: List of authorized representatives from each party who may receive confidential information
2. Schedule 2 - Security Protocols: Detailed security procedures and requirements for handling confidential information
3. Schedule 3 - Information Transfer Procedures: Specific procedures for transferring, marking, and tracking confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by representatives who will access confidential information
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