The IT Confidentiality Agreement is essential for protecting proprietary information and trade secrets in technology-related business relationships in Malaysia. This document is typically used when parties need to share sensitive technical information, source code, system specifications, or other confidential IT-related data during business discussions, project collaborations, or service engagements. The agreement ensures compliance with Malaysian legislation, including the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and Computer Crimes Act 1997. It is particularly crucial in scenarios involving software development, IT consulting, system integration, or technology transfer, where intellectual property and technical know-how need robust protection.
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1. Parties: Identifies the disclosing party and receiving party, including full legal names, registration numbers, and registered addresses
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines 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 protection, non-disclosure, and restricted use 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: Specific measures required to protect confidential information, including IT security requirements
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration 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 clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Required when confidential information includes personal data under PDPA 2010
2. Third Party Rights: Needed when third parties may have rights under the agreement
3. Export Controls: Required when confidential information may be subject to export control regulations
4. Source Code Protection: Specific provisions for protecting software source code when relevant
5. Reverse Engineering Prohibition: Specific restrictions on reverse engineering of software or technical information
6. Competition Restrictions: Non-compete provisions if required (subject to enforceability under Malaysian law)
7. Moral Rights: Required when dealing with copyrightable works and author's moral rights
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed IT security requirements and protocols for handling digital information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under PDPA 2010 if applicable
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