This document is essential for business relationships in Malaysia where parties need to share sensitive information while protecting against both unauthorized disclosure and potential poaching of valuable personnel or clients. The NDA Non Solicitation agreement is particularly relevant when entering into business discussions, partnerships, or engagement of service providers where there is a risk of personnel or client solicitation. It combines standard confidentiality protections with specific non-solicitation provisions, tailored to comply with Malaysian law, including the Contracts Act 1950 and relevant common law principles. The document is designed to be enforceable in Malaysian courts and includes provisions for both immediate injunctive relief and monetary damages in case of breach. It's commonly used in scenarios such as business sales, joint ventures, contractor engagements, and potential investment discussions.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Restricted Parties', and 'Restricted Period'
4. Confidentiality Obligations: Core obligations regarding protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed and required procedures
6. Non-Solicitation Covenants: Restrictions on soliciting employees, clients, or business partners, including scope and duration
7. Return of Confidential Information: Obligations regarding return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the agreement and provisions that survive termination
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. Security Measures: Specific technical and organizational measures required for protecting confidential information, recommended for technology-related agreements
2. Intellectual Property Rights: Clarification of IP ownership and rights, particularly relevant when shared information includes IP
3. Data Protection Compliance: Specific obligations regarding personal data handling under PDPA 2010, needed if confidential information includes personal data
4. Non-Competition: Additional restrictions on competitive activities, if broader protection is required
5. Representatives' Obligations: Detailed obligations for representatives who will access confidential information, useful for complex corporate relationships
6. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value or international agreements
1. Schedule 1 - Confidential Information: Detailed description or categories of information considered confidential
2. Schedule 2 - Restricted Parties: List of specific employees, clients, or business partners covered by non-solicitation provisions
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Security Protocols: Specific security measures and procedures for handling confidential information
Relevant legal definitions
Affiliated Company
Authorized Purpose
Authorized Representative
Business Day
Business Relationship
Confidential Information
Disclosing Party
Effective Date
Group
Identity Card
Intellectual Property Rights
Material
Notice
Parties
Professional Advisor
Receiving Party
Restricted Business
Restricted Client
Restricted Employee
Restricted Period
Restricted Territory
Security Requirements
Solicitation
Subsidiary
Term
Trade Secrets
Authorized Purpose
Authorized Representative
Business Day
Business Relationship
Confidential Information
Disclosing Party
Effective Date
Group
Identity Card
Intellectual Property Rights
Material
Notice
Parties
Professional Advisor
Receiving Party
Restricted Business
Restricted Client
Restricted Employee
Restricted Period
Restricted Territory
Security Requirements
Solicitation
Subsidiary
Term
Trade Secrets
Clauses
Confidentiality
Non-Solicitation
Non-Disclosure
Return of Information
Data Protection
Intellectual Property
Term and Termination
Permitted Disclosure
Breach and Remedies
Indemnification
Governing Law
Jurisdiction
Notice
Assignment
Severability
Entire Agreement
Amendment
Waiver
Force Majeure
Counterparts
Third Party Rights
Costs
Survival
Non-Solicitation
Non-Disclosure
Return of Information
Data Protection
Intellectual Property
Term and Termination
Permitted Disclosure
Breach and Remedies
Indemnification
Governing Law
Jurisdiction
Notice
Assignment
Severability
Entire Agreement
Amendment
Waiver
Force Majeure
Counterparts
Third Party Rights
Costs
Survival
Relevant Industries
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Education
Retail
Telecommunications
Construction
Energy
Biotechnology
Real Estate
Consulting
Software Development
Research and Development
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Procurement
Operations
Research and Development
Sales
Finance
Information Technology
Corporate Strategy
Risk Management
Compliance
Project Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Human Resources Director
Business Development Manager
Project Manager
Legal Counsel
Procurement Manager
Operations Director
Chief Technology Officer
Investment Manager
Partnership Manager
Contract Administrator
Chief Financial Officer
Research Director
Sales Director
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