The Confidentiality Agreement For Visitors is essential for businesses operating in Malaysia that need to protect their confidential information while hosting various types of visitors on their premises. This document is particularly important in situations where visitors may be exposed to sensitive business information, trade secrets, proprietary technology, or confidential operational processes. The agreement, governed by Malaysian law, establishes clear obligations for maintaining confidentiality, specifies security procedures, and outlines consequences for breach. It's designed to comply with Malaysian legislation including the Personal Data Protection Act 2010, Trade Secrets Act 1993, and relevant commercial laws. The document is commonly used for business visitors, consultants, auditors, vendors, and other third parties requiring temporary access to company premises and potentially sensitive information.
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1. Parties: Identification of the company (disclosing party) and the visitor (receiving party)
2. Background: Brief context of the visit and purpose of the agreement
3. Definitions: Definition of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Visit'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and what is excluded
5. Confidentiality Obligations: Specific duties and restrictions regarding the use and protection of confidential information
6. Security Measures: Required procedures for protecting confidential information during the visit
7. Duration and Survival: Period of confidentiality obligations and which provisions survive termination
8. Return of Confidential Information: Requirements for returning or destroying any confidential information received
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Permitted Disclosures: Used when certain disclosures need to be explicitly allowed, such as to professional advisors or regulatory authorities
2. Photography and Recording: Include when there are specific restrictions on taking photos or making recordings during the visit
3. Health and Safety: Required when visitors will be entering industrial or hazardous areas
4. Intellectual Property Rights: Include when visitors may be exposed to patented or patentable information
5. Data Protection: Required when visitors may have access to personal data protected under PDPA
6. Non-Solicitation: Include when there's a risk of the visitor attempting to hire company employees
7. Export Control: Necessary when confidential information is subject to export control regulations
1. Schedule 1 - Visitor Details: Details of the visitor including ID/passport number, purpose of visit, visit duration
2. Schedule 2 - Visit Parameters: Specific details about the visit including dates, times, areas to be visited, and escort requirements
3. Schedule 3 - Specific Confidential Information: Optional detailed list of specific confidential information that may be disclosed
4. Appendix A - Security Procedures: Company's specific security procedures and protocols to be followed during the visit
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