The NDA For Project template is essential for businesses and organizations engaging in project-based collaborations in Malaysia where confidential information needs to be shared between parties. This document is particularly relevant when parties need to exchange sensitive information during project planning, execution, or evaluation phases. It is drafted in compliance with Malaysian law, including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant common law principles. The agreement typically covers project-specific confidential information, technical data, commercial terms, intellectual property, and business strategies. It is commonly used in situations ranging from technology development projects to construction ventures, research collaborations, and business partnerships, providing legal protection while facilitating necessary information exchange for project success.
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1. Parties: Identification of the disclosing and receiving parties, including their registered addresses and company registration numbers
2. Background: Context of the agreement, brief description of the project, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Project', 'Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information specific to the project
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when project involves creation of new IP
2. Data Protection Compliance: Additional provisions for compliance with PDPA 2010 when personal data is involved
3. Non-Competition: Restrictions on competitive activities during the project period, if relevant
4. Representatives and Third Party Disclosure: Detailed provisions for when information needs to be shared with employees or third parties
5. Electronic Information Security: Specific provisions for protecting electronic data and communications
6. Export Control Compliance: Required when project involves international data transfers or technology export
7. Force Majeure: Provisions for handling confidentiality obligations during unexpected events
8. Insurance Requirements: Specifications for insurance coverage related to data protection when handling sensitive information
1. Schedule 1 - Project Description: Detailed description of the project scope and objectives
2. Schedule 2 - Specified Confidential Information: Comprehensive list of specific confidential information covered by the agreement
3. Schedule 3 - Authorized Representatives: List of authorized personnel who may access confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols for handling confidential information
5. Schedule 5 - Permitted Third Parties: List of approved third parties who may receive confidential information
6. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
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