Confidentiality Agreement Upon Termination Of Employment for Malaysia

Confidentiality Agreement Upon Termination Of Employment Template for Malaysia

A legally binding agreement governed by Malaysian law that establishes and defines confidentiality obligations for employees upon the termination of their employment. This document ensures the protection of company trade secrets, proprietary information, and other confidential matters after the employment relationship ends. It complies with Malaysian employment legislation, including the Employment Act 1955 and Personal Data Protection Act 2010, while providing specific provisions for the handling, return, and non-disclosure of sensitive information. The agreement balances the company's need to protect its confidential information with the employee's right to future employment opportunities under Malaysian law.

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What is a Confidentiality Agreement Upon Termination Of Employment?

This Confidentiality Agreement Upon Termination of Employment is designed for use in Malaysia when an employee's employment relationship is ending, whether through resignation, retirement, or other circumstances. It serves as a crucial legal instrument to protect sensitive business information, trade secrets, and intellectual property that the employee had access to during their employment. The agreement is structured to comply with Malaysian legislation, including the Employment Act 1955, Contracts Act 1950, and Personal Data Protection Act 2010. It typically includes detailed provisions about what constitutes confidential information, obligations for its protection, return of company materials, and consequences of breach. This document is particularly important for employees who had access to sensitive information or held positions of trust within the organization.

What sections should be included in a Confidentiality Agreement Upon Termination Of Employment?

1. Parties: Identification of the employer company and the departing employee

2. Background: Context of the agreement, including reference to the previous employment relationship and its termination

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Company Materials'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information covered by the agreement

5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information

6. Return of Company Materials: Requirements for returning all company property, documents, and materials

7. Duration of Obligations: Time period for which the confidentiality obligations remain in effect

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements)

9. Employee Acknowledgments: Employee's confirmation of understanding and acceptance of obligations

10. Breach and Remedies: Consequences of breach and available legal remedies

11. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

12. General Provisions: Standard contract clauses including severability, entire agreement, and amendments

What sections are optional to include in a Confidentiality Agreement Upon Termination Of Employment?

1. Non-Competition and Non-Solicitation: Additional restrictions on competitive activities and client/employee solicitation, used when the employee had access to highly sensitive information

2. Intellectual Property Rights: Specific provisions regarding IP developed during employment, used when the employee was involved in creative or technical work

3. International Scope: Additional provisions for international confidentiality protection, used when the company operates across multiple jurisdictions

4. Data Protection Obligations: Specific obligations regarding personal data under PDPA, used when the employee had access to personal data

5. Survival of Other Agreements: Reference to surviving provisions from the employment agreement, used when previous agreements contain relevant ongoing obligations

6. Third Party Information: Provisions regarding confidential information belonging to company clients or partners, used when the employee had access to third party confidential information

What schedules should be included in a Confidentiality Agreement Upon Termination Of Employment?

1. Schedule 1: Specific Confidential Information: Detailed list of specific confidential information, trade secrets, and sensitive materials the employee had access to

2. Schedule 2: Return of Materials Checklist: Checklist of all company materials, devices, and documents to be returned

3. Schedule 3: Acknowledgment of Return: Form for documenting the return of all company materials

4. Appendix A: Confidentiality Procedures: Specific procedures for handling and protecting confidential information

5. Appendix B: Notification Requirements: Procedures for notifying the company of required disclosures or potential breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Research and Development

Telecommunications

Pharmaceuticals

Energy

Defense

Consumer Goods

Education

Biotechnology

Consulting

Media and Entertainment

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Executive Leadership

Sales

Finance

Operations

Marketing

Product Development

Engineering

Business Development

Data Analytics

Customer Service

Strategy

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Research Scientist

Software Developer

Financial Analyst

Product Manager

Sales Director

Human Resources Manager

Legal Counsel

Operations Manager

Project Manager

Business Development Executive

Data Analyst

Systems Administrator

Marketing Director

Account Manager

Engineering Lead

Strategy Consultant

Department Head

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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