This International Confidentiality Agreement template is essential for businesses engaging in cross-border transactions or relationships where confidential information needs to be shared under Malaysian law. It is particularly relevant when Malaysian companies are sharing sensitive information with foreign entities, or when foreign companies are establishing business relationships in Malaysia. The agreement incorporates key elements of Malaysian legislation while addressing international business practices and requirements. It should be used before sharing any sensitive information during business negotiations, due diligence processes, joint ventures, or other commercial relationships. The document includes comprehensive provisions for defining confidential information, establishing security protocols, and ensuring compliance with both Malaysian and relevant international legal requirements.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, security measures, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. 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 personal data is involved
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
3. Export Control: Required when confidential information is subject to export control regulations
4. Force Majeure: Protection against breach due to circumstances beyond reasonable control
5. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship
6. Digital Security Measures: Specific requirements for digital storage and transmission of confidential information
7. Group Company Rights: Rights and obligations of group companies when parties are part of larger corporate groups
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template undertaking for authorized recipients to sign
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Biotechnology
Professional Services
Research & Development
Energy
Telecommunications
Automotive
Aerospace
Consumer Goods
Education
Mining & Resources
Relevant Teams
Legal
Compliance
Executive Leadership
Business Development
Research & Development
Information Technology
Operations
Finance
Human Resources
Procurement
Information Security
Corporate Strategy
Risk Management
International Business
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Compliance Officer
Chief Financial Officer
Operations Director
Investment Manager
Procurement Manager
Human Resources Director
Information Security Officer
Commercial Director
Strategic Partnership Manager
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