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Personal Information Confidentiality Agreement

Personal Information Confidentiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

Personal Information Confidentiality Agreement

"I need a Personal Information Confidentiality Agreement for my healthcare technology company in Kuala Lumpur to use with third-party service providers who will have access to patient data starting January 2025; it must include specific provisions for handling sensitive medical information and cross-border data transfers."

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Document background
The Personal Information Confidentiality Agreement is essential for organizations operating in Malaysia that need to protect sensitive personal information in their business operations. This document is specifically designed to comply with Malaysian data protection laws, particularly the Personal Data Protection Act 2010, and is used when parties need to share, process, or handle personal information in a confidential manner. It's commonly implemented in situations involving employee data, customer information, or when engaging with third-party service providers who may have access to personal data. The agreement outlines specific obligations for data protection, security measures, and confidentiality requirements, while ensuring compliance with Malaysian regulatory requirements for personal data protection.
Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers (if applicable), and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential personal information

3. Definitions: Key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Subject', and other relevant terms as defined in Malaysian PDPA

4. Scope of Confidential Information: Detailed description of what constitutes confidential personal information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential personal information

6. Data Protection Compliance: Specific obligations to comply with Malaysian PDPA and other relevant data protection laws

7. Security Measures: Required technical and organizational measures to protect confidential personal information

8. Duration and Survival: Term of the agreement and survival of obligations post-termination

9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination or request

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

Optional Sections

1. International Data Transfers: Requirements for transferring personal information outside Malaysia - include when international data sharing is contemplated

2. Industry-Specific Requirements: Additional requirements for specific sectors (e.g., healthcare, financial services) - include when dealing with regulated industries

3. Data Subject Rights: Procedures for handling data subject access requests and other rights - include when direct interaction with data subjects is expected

4. Subcontractor Obligations: Requirements for sharing confidential information with subcontractors - include when subcontracting is permitted

5. Insurance Requirements: Specific insurance obligations for data protection - include for high-risk data processing

6. Audit Rights: Rights to audit compliance with the agreement - include for complex data processing arrangements

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of personal information covered by the agreement

2. Schedule 2 - Approved Security Measures: Specific technical and organizational security measures required

3. Schedule 3 - Authorized Personnel: List of individuals authorized to access the confidential information

4. Appendix A - Data Processing Procedures: Detailed procedures for handling and processing personal information

5. Appendix B - Incident Response Plan: Procedures for responding to data breaches or security incidents

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Confidential Information
Personal Data
Sensitive Personal Data
Data Subject
Processing
Data Controller
Data Processor
Authorized Representative
Confidentiality Breach
Security Measures
Permitted Purpose
Disclosing Party
Receiving Party
Notice
Personal Data Protection Principles
Consent
Direct Marketing
Data Protection Officer
Security Standards
Third Party
Breach Notification
Commercial Transaction
Data Access Request
Data Correction Request
Disclosure
Processing System
Record
Registration
Transfer
Relevant Industries

Healthcare

Financial Services

Technology

Education

Professional Services

Human Resources

E-commerce

Insurance

Telecommunications

Legal Services

Government Services

Consulting

Relevant Teams

Legal

Compliance

Human Resources

Information Technology

Information Security

Risk Management

Data Protection

Operations

Privacy

Administration

Relevant Roles

Data Protection Officer

Privacy Manager

Compliance Officer

HR Manager

IT Security Manager

Legal Counsel

Information Security Officer

Risk Manager

Systems Administrator

Database Administrator

Project Manager

Business Analyst

Chief Information Officer

Chief Privacy Officer

Operations Manager

Industries
Personal Data Protection Act 2010: The primary legislation governing the collection, processing, storage, and use of personal data in Malaysia. It sets out seven key principles including consent, notice and choice, disclosure, security, retention, data integrity, and access.
Communications and Multimedia Act 1998: Regulates the convergence of communications and multimedia industries, including provisions relevant to electronic data handling and cybersecurity aspects of personal information.
Contracts Act 1950: Provides the legal framework for contract formation and enforcement in Malaysia, essential for ensuring the confidentiality agreement is legally binding.
Employment Act 1955: Relevant if the confidentiality agreement is employment-related, as it governs the basic terms and conditions of employment including aspects of confidentiality in employment relationships.
Digital Signature Act 1997: Important for electronic execution of confidentiality agreements, providing legal recognition to digital signatures in Malaysia.
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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