The Non-Disclosure Agreement For Consultants is essential when engaging external consultants who will have access to sensitive business information in Malaysia. This document is particularly crucial as consultants often work with multiple clients and require access to proprietary information to perform their services effectively. The agreement ensures compliance with Malaysian law, including the Contracts Act 1950 and relevant data protection regulations, while establishing clear boundaries for information handling. It's designed to protect trade secrets, technical knowledge, business strategies, and other confidential information shared during the consulting engagement. The document includes specific provisions for consultant-client relationships, distinguishing them from employee relationships and addressing the unique aspects of external advisory services.
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1. Parties: Identification of the disclosing party (company) and receiving party (consultant), including full legal names, registration numbers, and addresses
2. Background: Context of the consulting relationship and purpose of sharing confidential information
3. Definitions: Define key terms including 'Confidential Information', 'Consulting Services', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Consultant Obligations: Core confidentiality obligations, including protection measures, non-use, non-disclosure, and security requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives or as required by law
7. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP, particularly relevant when consultant may develop new IP during engagement
2. Non-Competition: Restrictions on working with competitors, only included if specifically required and carefully drafted to be enforceable under Malaysian law
3. Data Protection Compliance: Specific obligations regarding personal data handling under PDPA, included when personal data processing is involved
4. Independent Contractor Status: Explicit confirmation of consultant's independent status, included when needed to clearly distinguish from employment relationship
5. Insurance Requirements: Obligations regarding professional indemnity or cyber insurance, included for high-risk or regulated sector engagements
6. Conflict of Interest: Provisions regarding handling multiple client relationships, included for consultants working in sensitive industries
1. Schedule 1 - Description of Consulting Services: Detailed description of the consulting services to provide context for confidentiality obligations
2. Schedule 2 - Categories of Confidential Information: Specific listing of types of confidential information covered, including any special categories
3. Schedule 3 - Security Protocols: Specific security measures and protocols the consultant must follow
4. Appendix A - Authorized Representatives: List of individuals authorized to receive confidential information on behalf of the consultant
5. Appendix B - Form of Confidentiality Undertaking: Template undertaking to be signed by consultant's representatives who will access confidential information
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