This Indefinite NDA is essential for business relationships requiring long-term protection of confidential information under Malaysian law. It is particularly valuable for protecting trade secrets, proprietary technology, and sensitive business information that requires indefinite protection beyond typical time-limited NDAs. The agreement is designed to comply with Malaysian legal requirements, including the Contracts Act 1950 and common law principles governing confidentiality. It is commonly used in scenarios involving strategic partnerships, technology transfers, joint ventures, or any situation where disclosed information maintains its confidential nature indefinitely. The document includes comprehensive provisions for protecting various types of confidential information while ensuring enforceability within the Malaysian legal framework.
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1. Parties: Identification and details of the disclosing and receiving parties
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and authorities
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon request or termination
9. Duration and Survival: Indefinite nature of the obligations and which provisions survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when confidential information includes intellectual property
2. Data Protection Compliance: Additional provisions when confidential information includes personal data under PDPA 2010
3. Representatives and Third Parties: Detailed provisions when confidential information needs to be shared with employees or advisors
4. Non-Competition: Additional restrictions on using confidential information for competitive purposes
5. Export Control: Compliance requirements when confidential information is subject to export control regulations
6. Reverse Engineering Prohibition: Specific prohibition on reverse engineering when confidential information includes technical data or trade secrets
7. Force Majeure: Provisions for handling confidential information during unexpected events or circumstances
1. Schedule 1 - Categories of Confidential Information: Detailed list or categories of information covered by the NDA
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Destruction Procedures: Detailed procedures for destroying or returning confidential information
5. Appendix A - Notice Requirements: Contact details and procedures for serving notices under the agreement
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Representative
Business Day
Confidential Information
Disclosing Party
Effective Date
Group Company
Identity Card
Intellectual Property Rights
Laws
Notice
Party
Personal Data
Permitted Disclosees
Receiving Party
Representatives
Security Measures
Subsidiary
Trade Secret
Authorized Purpose
Authorized Representative
Business Day
Confidential Information
Disclosing Party
Effective Date
Group Company
Identity Card
Intellectual Property Rights
Laws
Notice
Party
Personal Data
Permitted Disclosees
Receiving Party
Representatives
Security Measures
Subsidiary
Trade Secret
Clauses
Interpretation
Confidentiality Obligations
Permitted Use
Security Requirements
Data Protection
Return of Information
Intellectual Property
Non-Competition
Duration
Permitted Disclosure
Breach and Remedies
Indemnification
Assignment
Notices
Severability
Entire Agreement
Governing Law
Jurisdiction
Third Party Rights
Force Majeure
Counterparts
Amendments
Waiver
Confidentiality Obligations
Permitted Use
Security Requirements
Data Protection
Return of Information
Intellectual Property
Non-Competition
Duration
Permitted Disclosure
Breach and Remedies
Indemnification
Assignment
Notices
Severability
Entire Agreement
Governing Law
Jurisdiction
Third Party Rights
Force Majeure
Counterparts
Amendments
Waiver
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Education
Energy
Telecommunications
Biotechnology
Real Estate
Construction
Retail
Automotive
Aerospace
Relevant Teams
Legal
Executive Leadership
Research & Development
Business Development
Human Resources
Information Technology
Finance
Operations
Procurement
Corporate Strategy
Innovation
Compliance
Product Development
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Financial Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Head of Innovation
Investment Manager
Operations Director
Procurement Manager
Strategic Partnership Manager
Human Resources Director
Technical Director
Compliance Officer
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