This Medical Non-Disclosure Agreement is designed for use in Malaysian healthcare settings where confidential medical information needs to be shared or accessed by authorized parties. The document becomes necessary when medical institutions, healthcare providers, or related organizations need to protect sensitive information including patient records, treatment protocols, research data, or proprietary medical procedures. It ensures compliance with Malaysian healthcare privacy laws, particularly the Personal Data Protection Act 2010 and Medical Act 1971, while incorporating specific requirements from the Malaysian Medical Council Guidelines. The agreement is structured to address both traditional and digital medical records, including provisions for data protection, secure handling, and authorized access. It's particularly relevant in situations involving medical research, institutional collaborations, or third-party service providers in the Malaysian healthcare sector.
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1. Parties: Identifies the disclosing party (typically healthcare provider/institution) and receiving party, including registration numbers and addresses
2. Background: Explains the context and purpose of the agreement, including the nature of the medical information to be disclosed
3. Definitions: Defines key terms including 'Confidential Information', 'Medical Records', 'Patient Data', 'Authorized Personnel', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential medical information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of medical information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and patient consent
7. Security Measures: Required security protocols and measures for protecting confidential medical information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Access: Additional provisions for when third parties need access to confidential information (e.g., external consultants, IT providers)
2. Research Use: Specific provisions for use of medical information in research contexts
3. International Transfer: Provisions for cross-border transfer of medical information
4. Electronic Health Records: Specific provisions for handling digital medical records and systems
5. Emergency Disclosure Protocol: Procedures for disclosure in medical emergencies
6. Data Protection Officer: Appointment and responsibilities of data protection officers
7. Insurance Requirements: Specific insurance requirements for handling medical information
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of medical information covered
2. Schedule 2 - Security Protocols: Detailed security measures and compliance requirements
3. Schedule 3 - Authorized Personnel: List of personnel authorized to access confidential information
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing medical data
5. Appendix A - Consent Forms: Standard forms for patient consent to information sharing
6. Appendix B - Incident Response Plan: Procedures for handling data breaches or unauthorized disclosures
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