The Non-Disclosure Agreement For Website Development is essential when engaging external or internal parties for website development projects in Malaysia. It serves to protect confidential information exchanged during the development process, including technical specifications, source code, business logic, customer data, and proprietary design elements. This document is particularly important given Malaysia's robust data protection framework under the Personal Data Protection Act 2010 and the growing digital economy. It should be used before sharing any sensitive information during website development discussions, negotiations, or actual development work. The agreement ensures compliance with Malaysian contract law while addressing specific technical and digital aspects of website development projects, making it suitable for both traditional and e-commerce websites.
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1. Parties: Identifies the disclosing party (typically the client) and receiving party (typically the website developer), including full legal names and registered addresses
2. Background: Explains the context of the website development project and why confidential information needs to be shared
3. Definitions: Defines key terms including 'Confidential Information', 'Website Development Services', 'Intellectual Property Rights', and 'Trade Secrets'
4. Scope of Confidential Information: Specifically defines what constitutes confidential information in the context of website development, including source code, design elements, business processes, and client data
5. Obligations of Confidentiality: Details the receiving party's obligations to maintain confidentiality, including specific measures for digital security and data protection
6. Permitted Disclosures: Specifies circumstances under which confidential information may be shared with employees, subcontractors, or as required by law
7. Term and Survival: Specifies the duration of the confidentiality obligations and which provisions survive after termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information after project completion or termination
9. Intellectual Property Rights: Clarifies that the NDA does not transfer any IP rights and protects both existing and developed IP
10. Breach and Remedies: Outlines consequences of breach and available remedies, including injunctive relief
11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and defines jurisdiction for dispute resolution
1. Digital Security Measures: Specific technical requirements for protecting digital assets and source code, used when dealing with highly sensitive technical information
2. Third-Party Contractors: Provisions for sharing information with subcontractors or other third parties, included when the developer needs to engage additional parties
3. International Data Transfer: Provisions for cross-border data transfer compliance, needed when parties operate across multiple jurisdictions
4. Non-Solicitation: Prevents parties from hiring each other's employees, included when there's significant team interaction
5. Publicity and Marketing: Restrictions on using the relationship for marketing purposes, included when either party wants to control public disclosure of the relationship
1. Schedule 1: Description of Confidential Information: Detailed list of specific types of confidential information to be protected, including technical specifications, source code, and business processes
2. Schedule 2: Authorized Personnel: List of individuals authorized to access confidential information, with their roles and responsibilities
3. Schedule 3: Security Protocols: Specific technical and organizational measures required for protecting digital assets
4. Appendix A: Project Scope: Brief description of the website development project to provide context for the confidentiality obligations
5. Appendix B: Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential digital information
Relevant legal definitions
Agreement
Authorized Personnel
Business Day
Client
Confidential Information
Data Protection Laws
Developer
Development Services
Digital Assets
Disclosing Party
Effective Date
Intellectual Property Rights
Malaysian Law
Personal Data
Project
Receiving Party
Security Protocols
Source Code
Technical Documentation
Trade Secrets
User Interface Design
Website
Website Architecture
Website Specifications
Authorized Personnel
Business Day
Client
Confidential Information
Data Protection Laws
Developer
Development Services
Digital Assets
Disclosing Party
Effective Date
Intellectual Property Rights
Malaysian Law
Personal Data
Project
Receiving Party
Security Protocols
Source Code
Technical Documentation
Trade Secrets
User Interface Design
Website
Website Architecture
Website Specifications
Clauses
Confidentiality
Definitions
Data Protection
Intellectual Property
Term and Duration
Security Measures
Permitted Use
Return of Information
Non-Disclosure
Breach and Remedies
Jurisdiction
Governing Law
Digital Assets Protection
Third Party Disclosure
Survival
Force Majeure
Severability
Assignment
Notices
Entire Agreement
Warranties
Indemnification
Dispute Resolution
Amendment
Definitions
Data Protection
Intellectual Property
Term and Duration
Security Measures
Permitted Use
Return of Information
Non-Disclosure
Breach and Remedies
Jurisdiction
Governing Law
Digital Assets Protection
Third Party Disclosure
Survival
Force Majeure
Severability
Assignment
Notices
Entire Agreement
Warranties
Indemnification
Dispute Resolution
Amendment
Relevant Industries
Technology
E-commerce
Retail
Financial Services
Healthcare
Education
Manufacturing
Professional Services
Media and Entertainment
Government and Public Sector
Telecommunications
Hospitality
Real Estate
Non-profit Organizations
Relevant Teams
Legal
Information Technology
Digital Development
Procurement
Information Security
Risk Management
Project Management
Business Development
Product Development
Design
Operations
Compliance
Relevant Roles
Chief Technology Officer
IT Director
Project Manager
Web Developer
Software Engineer
UI/UX Designer
Digital Marketing Manager
Business Development Manager
Procurement Manager
Legal Counsel
Contract Manager
Information Security Officer
Technology Consultant
Product Owner
Development Team Lead
Systems Architect
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