This Data Disclosure Agreement is designed for use in situations where parties need to share sensitive, confidential, or personal data in Malaysia. It is particularly relevant when organizations need to establish clear parameters for data sharing while ensuring compliance with the Personal Data Protection Act 2010 and other relevant Malaysian legislation. The document should be used whenever there is a need to protect disclosed information, whether it's commercial secrets, personal data, or proprietary information. It includes comprehensive provisions for data security, confidentiality obligations, compliance requirements, and breach notification procedures. The agreement is essential for organizations operating in Malaysia that need to share data while maintaining control over its use and ensuring appropriate protection measures are in place.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of data disclosure
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Security Measures, and other relevant terms
4. Scope of Disclosure: Details of what data will be disclosed and permitted purposes for its use
5. Confidentiality Obligations: Core obligations regarding data confidentiality, including use restrictions and security requirements
6. Data Protection Compliance: Compliance requirements with Malaysian Personal Data Protection Act 2010 and other relevant laws
7. Security Measures: Required security protocols and measures for protecting disclosed data
8. Duration and Return of Information: Term of the agreement and obligations regarding return or destruction of data
9. Breach Notification: Procedures for handling and reporting data breaches or unauthorized disclosures
10. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Include when the receiving party may need to share data with authorized third parties
2. Cross-Border Transfer: Include when data may be transferred outside of Malaysia
3. Intellectual Property Rights: Include when disclosed data includes or relates to intellectual property
4. Insurance Requirements: Include when specific insurance coverage is required for data protection
5. Audit Rights: Include when regular audits of data handling practices are required
6. Data Processing Agreement: Include when the agreement involves processing of personal data as defined under PDPA
7. Industry-Specific Compliance: Include when specific industry regulations apply (e.g., healthcare, financial services)
1. Schedule 1 - Disclosed Information: Detailed description of the data to be disclosed
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Personnel: List of authorized individuals who may access the disclosed data
4. Schedule 4 - Data Processing Activities: Details of permitted data processing activities and purposes
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling and protecting disclosed data
6. Appendix B - Breach Response Plan: Detailed procedures for responding to data breaches
7. Appendix C - Technical Standards: Technical specifications and standards for data security
Relevant legal definitions
Agreement
Authorized Personnel
Breach
Business Day
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Disclosure
Effective Date
Information Security Program
Intellectual Property Rights
Loss
Material Breach
Notice
Personal Data
Processing
Receiving Party
Security Measures
Sensitive Personal Data
Services
Technical Standards
Term
Third Party
Trade Secret
Authorized Personnel
Breach
Business Day
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Disclosure
Effective Date
Information Security Program
Intellectual Property Rights
Loss
Material Breach
Notice
Personal Data
Processing
Receiving Party
Security Measures
Sensitive Personal Data
Services
Technical Standards
Term
Third Party
Trade Secret
Clauses
Definitions
Interpretation
Confidentiality
Data Protection
Security Measures
Access Control
Data Processing
Cross-border Transfer
Breach Notification
Audit Rights
Compliance
Term and Termination
Return or Destruction of Data
Indemnification
Liability
Force Majeure
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notices
Third Party Rights
Waiver
Counterparts
Interpretation
Confidentiality
Data Protection
Security Measures
Access Control
Data Processing
Cross-border Transfer
Breach Notification
Audit Rights
Compliance
Term and Termination
Return or Destruction of Data
Indemnification
Liability
Force Majeure
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notices
Third Party Rights
Waiver
Counterparts
Relevant Industries
Technology
Healthcare
Financial Services
Education
Manufacturing
Professional Services
Telecommunications
Research and Development
Government and Public Sector
Retail
Energy
Transportation and Logistics
Biotechnology
Legal Services
Relevant Teams
Legal
Information Security
Compliance
Risk Management
Information Technology
Data Protection
Operations
Privacy
Corporate Governance
Business Development
Project Management
Research and Development
Information Governance
Procurement
Relevant Roles
Chief Information Security Officer
Data Protection Officer
Legal Counsel
Compliance Manager
IT Security Manager
Privacy Officer
Risk Manager
Information Security Analyst
Operations Director
Chief Technology Officer
Contract Manager
General Counsel
Chief Privacy Officer
Business Development Manager
Project Manager
Information Governance Manager
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