The Candidate Non Disclosure Agreement is essential for protecting sensitive business information during recruitment processes in Malaysia. It is typically used before detailed interviews, technical discussions, or when candidates may be exposed to proprietary information, trade secrets, or sensitive business strategies. The document ensures compliance with Malaysian legislation, including the Contracts Act 1950, Personal Data Protection Act 2010, and common law principles protecting confidential information. It is particularly crucial for positions involving access to sensitive information, technical knowledge, or strategic business insights. The agreement should be presented to candidates before any substantial disclosure of confidential information and remains binding regardless of the recruitment outcome.
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1. Parties: Identification of the company and the candidate, including full legal names and addresses
2. Background: Context of the agreement - typically regarding the candidate's potential employment or engagement with the company and the need to disclose confidential information during the recruitment process
3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Recruitment Process', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized disclosures
7. Information Security: Requirements for handling and protecting confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when technical or proprietary information may be disclosed during recruitment
2. Non-Solicitation: Restrictions on soliciting employees or clients, used when candidate may be exposed to sensitive relationship information
3. Data Protection: Specific provisions regarding personal data handling, required when significant personal data processing is involved
4. Digital Security Measures: Specific requirements for digital security when confidential information is shared electronically
5. Dispute Resolution: Alternative dispute resolution procedures, useful for high-level positions or when quick resolution may be needed
6. Non-Competition: Temporary restrictions on working with competitors, used for senior positions or when highly sensitive information is involved
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information to be disclosed during recruitment
2. Schedule 2 - Security Procedures: Specific procedures for handling, storing, and transmitting confidential information
3. Schedule 3 - Authorized Representatives: List of company personnel authorized to disclose confidential information
4. Appendix A - Acknowledgment Form: Form for candidate to acknowledge receipt of specific confidential information
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