This One Way NDA is essential for businesses and individuals operating under Malaysian law who need to share sensitive information with another party while maintaining confidentiality. The document is commonly used in scenarios such as business negotiations, vendor relationships, potential partnerships, or employee arrangements where proprietary information needs protection. It incorporates Malaysian legal requirements, including considerations from the Contracts Act 1950 and relevant common law principles. The agreement is particularly important in Malaysia's developing business landscape where intellectual property protection and data security are increasingly critical. Standard provisions include clear identification of confidential information, specific usage permissions, non-disclosure obligations, and enforcement mechanisms aligned with Malaysian legal remedies.
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1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and registered addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Disclosure of Confidential Information: Establishes the one-way nature of the disclosure and the scope of information covered
5. Obligations of Confidentiality: Core confidentiality obligations of the Receiving Party, including storage, handling, and protection of information
6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose information to its representatives or as required by law
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which obligations 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. Data Protection: Required when confidential information includes personal data covered by the Personal Data Protection Act 2010
2. Intellectual Property Rights: Needed when confidential information includes or relates to patents, trade marks, or other IP rights
3. Non-Competition: Optional clause restricting the Receiving Party from competing activities, subject to reasonableness under Malaysian law
4. Security Measures: Detailed IT and physical security requirements, necessary for highly sensitive information
5. Export Control: Required when information may be subject to international transfer restrictions
6. Costs: Allocation of costs related to protecting confidential information, typically included in complex commercial arrangements
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of the confidential information being disclosed
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling the confidential information, if required
Relevant legal definitions
Clauses
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Return of Information
Data Protection
Protection of Information
Duration
Survival
Breach
Remedies
Governing Law
Jurisdiction
Assignment
Notices
Severability
Entire Agreement
Third Party Rights
Variation
Counterparts
Force Majeure
Indemnification
Termination
Permitted Use
Permitted Disclosure
Return of Information
Data Protection
Protection of Information
Duration
Survival
Breach
Remedies
Governing Law
Jurisdiction
Assignment
Notices
Severability
Entire Agreement
Third Party Rights
Variation
Counterparts
Force Majeure
Indemnification
Termination
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Energy
Telecommunications
Real Estate
Education
Retail
Automotive
Aerospace
Construction
Relevant Teams
Legal
Human Resources
Research & Development
Business Development
Executive Leadership
Procurement
Information Technology
Finance
Operations
Compliance
Innovation
Strategic Planning
Investment
Corporate Development
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Investment Manager
Procurement Manager
Operations Director
Compliance Officer
Contract Manager
Chief Financial Officer
Innovation Manager
Strategic Partnership Director
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