This NDA Between Company And Consultant is essential for businesses in Malaysia engaging external expertise while protecting their confidential information. The document is particularly relevant when companies share sensitive business information, trade secrets, or intellectual property with consultants during professional engagements. It complies with Malaysian legal requirements, including the Contracts Act 1950 and Personal Data Protection Act 2010, while incorporating common law principles for trade secret protection. The agreement is adaptable to various consulting relationships, from short-term technical consultants to long-term strategic advisors, and includes provisions for both individual consultants and consulting firms. It's structured to provide comprehensive protection while maintaining enforceability under Malaysian law, making it suitable for both domestic and international consulting arrangements within the Malaysian jurisdiction.
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1. Parties: Identification of the company and consultant, including full legal names and addresses
2. Background: Context of the consulting relationship and purpose of the NDA
3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives'
4. Scope of Consulting Services: Brief overview of consulting services to provide context for confidentiality obligations
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Return or Destruction of Confidential Information: Obligations regarding handling of confidential information upon termination
8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP, used when consulting services may involve creation of IP
2. Data Protection Compliance: Specific obligations regarding personal data handling, required when personal data processing is involved
3. Non-Competition: Restrictions on competitive activities, included when consultant may gain competitive advantage through confidential information
4. Non-Solicitation: Restrictions on soliciting employees or clients, used when consultant will have access to sensitive relationship information
5. Security Measures: Specific technical and organizational measures for protecting confidential information, used for highly sensitive information
6. Consultant's Representatives: Provisions regarding consultant's employees or subcontractors, needed when consultant will need to share information with their team
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Permitted Purpose: Detailed description of the purposes for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for consultant's representatives to sign
Relevant legal definitions
Affiliate
Agreement
Authorized Purpose
Authorized Representative
Company
Company Materials
Confidential Information
Consultant
Consulting Services
Disclosing Party
Effective Date
Intellectual Property Rights
Notice
Permitted Disclosure
Personal Data
Project
Receiving Party
Representatives
Security Requirements
Services Period
Subsidiary
Term
Third Party
Trade Secrets
Agreement
Authorized Purpose
Authorized Representative
Company
Company Materials
Confidential Information
Consultant
Consulting Services
Disclosing Party
Effective Date
Intellectual Property Rights
Notice
Permitted Disclosure
Personal Data
Project
Receiving Party
Representatives
Security Requirements
Services Period
Subsidiary
Term
Third Party
Trade Secrets
Clauses
Interpretation
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Duration
Security
Return of Information
Permitted Disclosure
Breach
Indemnification
Assignment
Severability
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Notices
Counterparts
Survival
Third Party Rights
Waiver
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Duration
Security
Return of Information
Permitted Disclosure
Breach
Indemnification
Assignment
Severability
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Notices
Counterparts
Survival
Third Party Rights
Waiver
Relevant Industries
Technology
Financial Services
Manufacturing
Healthcare
Professional Services
Energy
Telecommunications
Real Estate
Education
Construction
Retail
E-commerce
Media & Entertainment
Biotechnology
Mining & Resources
Relevant Teams
Legal
Human Resources
Procurement
Executive Leadership
Operations
Finance
Information Technology
Research & Development
Business Development
Risk & Compliance
Corporate Secretariat
Relevant Roles
Legal Counsel
General Counsel
Contract Manager
Procurement Manager
Human Resources Director
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Project Manager
Business Development Manager
Operations Director
Risk Manager
Compliance Officer
Company Secretary
Head of Strategy
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