Partnership Non Disclosure Agreement for Malaysia

Partnership Non Disclosure Agreement Template for Malaysia

This document is a comprehensive Non-Disclosure Agreement specifically designed for partnerships operating under Malaysian law. It establishes confidentiality obligations between partners, protecting sensitive business information, trade secrets, and intellectual property within the partnership structure. The agreement complies with Malaysian legislation including the Partnership Act 1961, Contracts Act 1950, and Trade Secrets Act 2021, providing robust protection for confidential information while ensuring enforceability under Malaysian jurisdiction.

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What is a Partnership Non Disclosure Agreement?

This Partnership Non Disclosure Agreement is essential when establishing or maintaining a partnership in Malaysia where confidential information needs to be shared between partners. The document becomes particularly relevant when partners need to exchange sensitive business information, trade secrets, client data, or proprietary methodologies. It ensures compliance with Malaysian partnership and confidentiality laws while providing clear guidelines for information handling, security measures, and breach consequences. The agreement is structured to accommodate various partnership types, from professional services to trading businesses, and includes specific provisions required under Malaysian law for enforceability.

What sections should be included in a Partnership Non Disclosure Agreement?

1. Parties: Identifies all partners and their legal details including registration numbers and addresses

2. Background: Sets out the context of the partnership and the need for confidentiality between partners

3. Definitions: Defines key terms including 'Confidential Information', 'Partnership', 'Permitted Purpose', and other relevant terms

4. Scope of Confidentiality: Details what information is considered confidential and covered by the agreement

5. Obligations of Confidentiality: Specifies the duties of partners regarding confidential information protection

6. Permitted Disclosures: Outlines circumstances under which confidential information may be shared

7. Security Measures: Specifies required security measures for protecting confidential information

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Duration and Termination: Specifies the term of the agreement and termination provisions

10. Breach and Remedies: Details consequences of breaching the agreement and available remedies

11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Partnership Non Disclosure Agreement?

1. Intellectual Property Rights: Addresses IP ownership and rights when partnership involves IP development

2. Data Protection Compliance: Additional provisions for compliance with PDPA when personal data is involved

3. Non-Competition: Restrictions on competitive activities, if relevant to the partnership

4. Publicity and Announcements: Controls over public statements about the partnership

5. Insurance Requirements: Specific insurance obligations for protecting confidential information

6. Dispute Resolution: Alternative dispute resolution procedures if preferred over court proceedings

What schedules should be included in a Partnership Non Disclosure Agreement?

1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and procedures for protecting confidential information

4. Appendix A - Confidentiality Acknowledgment Form: Standard form for additional parties who may need to access confidential information

5. Appendix B - Information Return/Destruction Certificate: Template for certifying return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Professional Services

Technology

Manufacturing

Healthcare

Financial Services

Real Estate

Retail

Construction

Education

Consulting

Agriculture

Energy

Relevant Teams

Legal

Compliance

Executive Leadership

Operations

Finance

Risk Management

Business Development

Administrative

Human Resources

Information Technology

Relevant Roles

Managing Partner

Partner

Senior Partner

Executive Director

Chief Executive Officer

Chief Operating Officer

Legal Counsel

Compliance Officer

Business Development Manager

Operations Manager

Project Manager

Finance Director

Risk Manager

Department Head

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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