This HR Confidentiality Agreement is essential for organizations operating in Malaysia who need to protect their confidential information, trade secrets, and proprietary data in the context of employment relationships. The agreement is designed to comply with Malaysian legislation, including the Personal Data Protection Act 2010, Employment Act 1955, and relevant contract laws. It should be used when onboarding new employees, contractors, or consultants who will have access to sensitive company information. The document establishes clear confidentiality obligations, defines protected information, outlines security measures, and specifies enforcement mechanisms under Malaysian law. This agreement is particularly important given Malaysia's developing knowledge economy and the increasing need to protect intellectual property and confidential business information in the employment context.
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1. Parties: Identifies the employer and employee/contractor who are bound by the agreement
2. Background: Explains the context of the agreement and the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Trade Secrets', and 'Intellectual Property'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized disclosures
7. Security Measures: Specific measures required to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request
9. Duration of Obligations: Period for which confidentiality obligations remain in effect
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically addressing IP rights when the role involves creation or handling of intellectual property
2. Non-Competition: Restrictions on competing activities, used when permitted by Malaysian law and necessary for business protection
3. Non-Solicitation: Restrictions on soliciting employees or customers, included when there's significant customer or employee contact
4. Data Protection Obligations: Specific obligations under PDPA 2010, included when handling personal data is part of the role
5. Third Party Information: Provisions dealing with confidential information belonging to third parties, used when the role involves access to such information
6. International Transfers: Provisions for international data transfers, included when the role involves cross-border information sharing
7. Exit Interview Procedures: Specific procedures for confirming confidentiality obligations upon employment termination
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Authorized Persons: List of persons or roles authorized to receive certain confidential information
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of confidentiality obligations
5. Appendix B - Return of Information Checklist: Checklist for ensuring all confidential information is returned upon termination
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