This Supplier Confidentiality Agreement is essential for businesses operating in Malaysia that need to protect sensitive information when engaging with suppliers. The agreement is designed to comply with Malaysian legal requirements, including the Contracts Act 1950, Personal Data Protection Act 2010, and the Trade Secrets Act 2024. It should be used whenever a company needs to share confidential information with suppliers during business operations, tender processes, or collaborative projects. The document typically covers trade secrets, proprietary information, technical specifications, customer data, and other sensitive business information. It includes comprehensive provisions for information protection, permitted uses, security measures, and breach remedies, while being adaptable to various industry requirements and business relationships.
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1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the supplier), including full legal names and registered addresses
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', 'Authorized Personnel', and 'Affiliated Companies'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding protection, non-disclosure, and restricted use of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and survival of obligations post-termination
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
1. Data Protection Compliance: Additional provisions for compliance with PDPA 2010 when confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership when confidential information includes proprietary technology or trade secrets
3. Non-Competition: Restrictions on competitive activities, if relevant to the business relationship
4. Export Control: Compliance with export control laws when dealing with technical data or international suppliers
5. Force Majeure: Provisions for extraordinary events affecting confidentiality obligations
6. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches
7. Audit Rights: Right to audit supplier's compliance with confidentiality obligations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for different types of confidential information
4. Schedule 4 - Approved Subcontractors: List of approved subcontractors who may access confidential information, if applicable
5. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by individual employees or representatives accessing confidential information
Relevant legal definitions
Confidential Information
Authorized Purpose
Authorized Personnel
Affiliated Companies
Disclosing Party
Receiving Party
Trade Secrets
Permitted Recipients
Personal Data
Proprietary Information
Representatives
Security Requirements
Confidentiality Period
Disclosure
Material Breach
Intellectual Property Rights
Business Day
Effective Date
Group
Third Party
Subcontractor
Technical Information
Commercial Information
Sensitive Information
Data Protection Laws
Security Breach
Excluded Information
Working Hours
Territory
Governing Law
Authorized Purpose
Authorized Personnel
Affiliated Companies
Disclosing Party
Receiving Party
Trade Secrets
Permitted Recipients
Personal Data
Proprietary Information
Representatives
Security Requirements
Confidentiality Period
Disclosure
Material Breach
Intellectual Property Rights
Business Day
Effective Date
Group
Third Party
Subcontractor
Technical Information
Commercial Information
Sensitive Information
Data Protection Laws
Security Breach
Excluded Information
Working Hours
Territory
Governing Law
Clauses
Confidentiality
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Breach Notification
Remedies
Indemnification
Term and Termination
Survival
Governing Law
Dispute Resolution
Assignment
Severability
Force Majeure
Notices
Entire Agreement
Amendment
Third Party Rights
Warranties
Compliance with Laws
Subcontracting
Audit Rights
Intellectual Property
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Breach Notification
Remedies
Indemnification
Term and Termination
Survival
Governing Law
Dispute Resolution
Assignment
Severability
Force Majeure
Notices
Entire Agreement
Amendment
Third Party Rights
Warranties
Compliance with Laws
Subcontracting
Audit Rights
Intellectual Property
Relevant Industries
Relevant Teams
Relevant Roles
Procurement Manager
Legal Counsel
Supply Chain Director
Vendor Management Officer
Chief Information Security Officer
Compliance Officer
Contract Manager
Risk Management Officer
Chief Technology Officer
Operations Director
Project Manager
Business Development Manager
Research and Development Director
Chief Financial Officer
Information Technology Manager
Legal Counsel
Supply Chain Director
Vendor Management Officer
Chief Information Security Officer
Compliance Officer
Contract Manager
Risk Management Officer
Chief Technology Officer
Operations Director
Project Manager
Business Development Manager
Research and Development Director
Chief Financial Officer
Information Technology Manager
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