The Confidentiality and Non-Solicitation Agreement is essential for businesses operating in Malaysia who need to protect their sensitive information and maintain stable business relationships. This document is typically used when parties enter into business discussions, partnerships, or employment relationships where confidential information will be shared and there's a need to prevent the solicitation of key stakeholders. The agreement must comply with Malaysian law, including the Contracts Act 1950, Employment Act 1955, and Personal Data Protection Act 2010. It's particularly crucial for scenarios involving business negotiations, employee onboarding, contractor engagement, or potential partnerships where proprietary information needs protection and business relationships need to be safeguarded.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names and addresses
2. Background: Context of the agreement, business relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Solicitation'
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Non-Solicitation Covenants: Restrictions on soliciting employees, customers, or suppliers, including duration and scope
7. Security Measures: Specific measures required to protect 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 which provisions survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Non-Competition: Additional restrictions on competitive activities, used when broader protection is needed beyond non-solicitation
2. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses, used when confidential information includes IP
3. Data Protection Compliance: Specific obligations regarding personal data protection, used when confidential information includes personal data
4. Export Control: Compliance with export control laws, used when information may be subject to international transfer restrictions
5. Force Majeure: Provisions for unforeseen circumstances, used in longer-term arrangements
6. Insurance Requirements: Obligations to maintain specific insurance coverage, used in high-risk or regulated industries
7. Audit Rights: Rights to audit compliance with the agreement, used in complex or highly sensitive arrangements
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential
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 protecting confidential information
4. Schedule 4 - Restricted Entities: List of specific entities or individuals covered by non-solicitation provisions
5. Appendix A - Form of Confidentiality Undertaking: Template undertaking for authorized representatives or third parties
6. Appendix B - Data Handling Procedures: Detailed procedures for handling, storing, and destroying confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Research & Development
Telecommunications
Energy
Education
Retail
Biotechnology
Construction
Real Estate
Consulting
E-commerce
Relevant Teams
Legal
Human Resources
Executive Leadership
Procurement
Business Development
Research and Development
Information Technology
Operations
Finance
Sales
Administrative
Project Management
Compliance
Risk Management
Corporate Development
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Project Manager
Chief Technology Officer
Research Director
Operations Manager
Procurement Manager
Sales Director
Chief Financial Officer
Department Head
Senior Consultant
Managing Director
Contract Administrator
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