This General Confidentiality Agreement is designed for use in Malaysia when parties need to share sensitive or proprietary information while ensuring legal protection under Malaysian law. It is commonly used in business negotiations, due diligence processes, service engagements, and potential partnerships where confidential information needs to be exchanged. The agreement covers various types of confidential information including trade secrets, technical data, business plans, customer information, and intellectual property. It incorporates requirements from relevant Malaysian legislation including the Contracts Act 1950 and Personal Data Protection Act 2010, while also considering common law principles regarding confidential information. The document is particularly important in preliminary business discussions where detailed information needs to be shared before finalizing a broader commercial arrangement.
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1. Parties: Identification of all parties to the agreement, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Define key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
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 obligations regarding personal data protection under PDPA 2010 - include when confidential information includes personal data
3. Non-Competition: Restrictions on competitive activities - include when sharing business-sensitive information
4. Non-Solicitation: Restrictions on soliciting employees or customers - include when sharing customer or employee information
5. Export Control: Compliance with export control laws - include when dealing with international parties or regulated technologies
6. Residual Knowledge: Treatment of general knowledge retained by recipients - include when dealing with technical or professional services
7. Force Majeure: Provisions for extraordinary events affecting compliance - include for long-term NDAs
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted purpose for which confidential information may be used
5. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by representatives accessing confidential information
Relevant legal definitions
Agreement
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Affiliate
Business Day
Confidentiality Period
Effective Date
Security Requirements
Trade Secrets
Intellectual Property Rights
Personal Data
Authorized Personnel
Proprietary Information
Technical Information
Commercial Information
Material Breach
Confidential Documents
Security Breach
Disclosure Notice
Return Notice
Termination Date
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Affiliate
Business Day
Confidentiality Period
Effective Date
Security Requirements
Trade Secrets
Intellectual Property Rights
Personal Data
Authorized Personnel
Proprietary Information
Technical Information
Commercial Information
Material Breach
Confidential Documents
Security Breach
Disclosure Notice
Return Notice
Termination Date
Clauses
Definitions
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Information Protection
Return of Information
Duration
Non-Disclosure
Security Measures
Breach Notification
Remedies
Indemnification
Survival
Assignment
Governing Law
Jurisdiction
Severability
Amendment
Entire Agreement
Notices
Force Majeure
Waiver
Third Party Rights
Counterparts
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Information Protection
Return of Information
Duration
Non-Disclosure
Security Measures
Breach Notification
Remedies
Indemnification
Survival
Assignment
Governing Law
Jurisdiction
Severability
Amendment
Entire Agreement
Notices
Force Majeure
Waiver
Third Party Rights
Counterparts
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Education
Retail
Energy
Telecommunications
Real Estate
Construction
Biotechnology
Aerospace
Automotive
Relevant Teams
Legal
Human Resources
Research & Development
Executive Leadership
Business Development
Information Technology
Finance
Operations
Procurement
Corporate Strategy
Compliance
Investment Relations
Product Development
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Operations Manager
Investment Analyst
Procurement Manager
Technical Consultant
Product Manager
Strategy Director
Compliance Officer
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