The Confidentiality Agreement For Contractors is essential for companies operating in Malaysia who engage independent contractors and need to protect their sensitive information. This document becomes necessary when contractors require access to proprietary information, trade secrets, customer data, or other confidential business information to perform their duties. It ensures compliance with Malaysian legal requirements, including the Contracts Act 1950, Personal Data Protection Act 2010, and Trade Secrets Act 2021, while establishing clear obligations, permitted uses, and consequences of breach. The agreement is particularly crucial given the increasing use of contractors in modern business operations and the need to protect intellectual property and sensitive information in a digital age.
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1. Parties: Identification of the disclosing party (company) and receiving party (contractor), including full legal names and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized representatives or as required by law
6. Security Measures: Specific measures required to protect confidential information
7. Return or Destruction of Information: Requirements for handling confidential information upon request or termination
8. Term and Survival: Duration of the agreement and provisions that 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 protecting IP rights when confidential information includes patents, copyrights, or trade secrets
2. Data Protection Compliance: Specific obligations regarding personal data handling under PDPA 2010, used when confidential information includes personal data
3. Non-Solicitation: Restrictions on soliciting employees or clients, included when there's significant exposure to internal resources
4. Subcontractors: Provisions regarding the use and obligations of subcontractors, included when subcontracting is permitted
5. Insurance Requirements: Specific insurance obligations, included for high-risk or regulated industry contexts
6. Audit Rights: Right to audit contractor's compliance, included for highly sensitive information or regulated industries
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for information protection
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or subcontractors
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Construction
Research & Development
Education
Telecommunications
Energy
Biotechnology
Retail
Media & Entertainment
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Research & Development
Operations
Compliance
Risk Management
Security
Administration
Project Management Office
Intellectual Property
Relevant Roles
Legal Counsel
HR Manager
Procurement Manager
Project Manager
Department Head
Chief Technology Officer
Chief Information Officer
Operations Director
Compliance Officer
Contract Administrator
Risk Manager
Security Officer
Facility Manager
Research Director
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