In today's competitive business environment, companies need robust protection for their confidential information and trade secrets. This Employer Non Disclosure Agreement, governed by Malaysian law, is designed for use at the commencement of or during employment relationships where employees will have access to sensitive company information. It covers various types of confidential information including trade secrets, proprietary technology, customer data, business strategies, and intellectual property. The agreement ensures compliance with Malaysian legislation including the Employment Act 1955, Personal Data Protection Act 2010, and common law principles while providing employers with enforceable protections against unauthorized disclosure or use of confidential information by employees.
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1. Parties: Identifies the employer and employee, including full legal names and addresses
2. Background: Sets out the context of the agreement and the employment relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Security Measures: Specific measures the employee must take to protect confidential information
7. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination
8. Duration of Obligations: Specifies how long the confidentiality obligations remain in effect
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Information: Additional provisions for handling confidential information belonging to clients, customers, or business partners
2. Intellectual Property Rights: Specific provisions regarding IP rights when the employee's role involves creation or handling of IP
3. Non-Competition: Restrictions on competing activities, if appropriate and enforceable under Malaysian law
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the role
5. Data Protection Compliance: Specific obligations regarding personal data handling under PDPA
6. International Transfer of Information: Required for multinational companies or when information may be transferred overseas
7. Social Media and Digital Communications: Special provisions for handling confidential information in digital form and on social media
1. Schedule 1: Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2: Security Protocols: Detailed procedures for handling and protecting confidential information
3. Schedule 3: Approved Third Party Recipients: List of authorized third parties who may receive confidential information
4. Appendix A: Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information
5. Appendix B: Information Return Checklist: Checklist for returning or destroying confidential information upon termination
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