This Data Disclosure Agreement is designed for use in situations where parties need to share sensitive, confidential, or personal data in Malaysia. It is particularly relevant when organizations need to establish clear parameters for data sharing while ensuring compliance with the Personal Data Protection Act 2010 and other relevant Malaysian legislation. The document should be used whenever there is a need to protect disclosed information, whether it's commercial secrets, personal data, or proprietary information. It includes comprehensive provisions for data security, confidentiality obligations, compliance requirements, and breach notification procedures. The agreement is essential for organizations operating in Malaysia that need to share data while maintaining control over its use and ensuring appropriate protection measures are in place.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of data disclosure
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Security Measures, and other relevant terms
4. Scope of Disclosure: Details of what data will be disclosed and permitted purposes for its use
5. Confidentiality Obligations: Core obligations regarding data confidentiality, including use restrictions and security requirements
6. Data Protection Compliance: Compliance requirements with Malaysian Personal Data Protection Act 2010 and other relevant laws
7. Security Measures: Required security protocols and measures for protecting disclosed data
8. Duration and Return of Information: Term of the agreement and obligations regarding return or destruction of data
9. Breach Notification: Procedures for handling and reporting data breaches or unauthorized disclosures
10. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Include when the receiving party may need to share data with authorized third parties
2. Cross-Border Transfer: Include when data may be transferred outside of Malaysia
3. Intellectual Property Rights: Include when disclosed data includes or relates to intellectual property
4. Insurance Requirements: Include when specific insurance coverage is required for data protection
5. Audit Rights: Include when regular audits of data handling practices are required
6. Data Processing Agreement: Include when the agreement involves processing of personal data as defined under PDPA
7. Industry-Specific Compliance: Include when specific industry regulations apply (e.g., healthcare, financial services)
1. Schedule 1 - Disclosed Information: Detailed description of the data to be disclosed
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Personnel: List of authorized individuals who may access the disclosed data
4. Schedule 4 - Data Processing Activities: Details of permitted data processing activities and purposes
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling and protecting disclosed data
6. Appendix B - Breach Response Plan: Detailed procedures for responding to data breaches
7. Appendix C - Technical Standards: Technical specifications and standards for data security
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