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1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers for companies, and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the proposed real estate transaction
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors and as required by law
7. Term and Survival: Duration of the confidentiality obligations and which provisions survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends or upon request
9. Remedies for Breach: Consequences of breach, including injunctive relief and other legal remedies
10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for dispute resolution
1. Non-Circumvention: Prevents parties from bypassing each other in the real estate transaction, used when there are multiple potential buyers or intermediaries
2. Personal Data Protection: Specific provisions addressing compliance with PDPA 2010, needed when personal data is included in confidential information
3. Security Measures: Detailed security protocols for handling confidential information, useful for high-value properties or sensitive transactions
4. Publicity: Restrictions on public announcements or marketing, important for high-profile properties or transactions
5. Assignment: Rights and restrictions regarding transfer of obligations, relevant when corporate restructuring may occur
6. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations, optional but sometimes included for comprehensive coverage
1. Schedule 1 - Description of Property: Detailed description of the real estate property or properties involved
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 handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for additional parties who may need to sign confidentiality undertakings
5. Appendix B - Data Protection Requirements: Specific requirements for compliance with Malaysian data protection laws
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