This HR Non-Disclosure Agreement is designed for use in Malaysian employment relationships where employees have access to sensitive company information, trade secrets, or confidential data. The document ensures compliance with Malaysian legislation, including the Personal Data Protection Act 2010, Employment Act 1955, and Contracts Act 1950. It should be implemented at the start of employment or when an employee's role changes to include access to confidential information. The agreement covers definition of confidential information, security measures, employee obligations, and consequences of breach, providing comprehensive protection for the company's sensitive information while remaining enforceable under Malaysian law.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, employment relationship, and need for confidentiality
3. Definitions: Detailed definitions of confidential information, trade secrets, intellectual property, and other key terms
4. Scope of Confidential Information: Comprehensive description of what constitutes confidential information within the employment context
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Security Measures: Required procedures and practices for handling confidential information
7. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon employment termination
8. Duration of Obligations: Time period for which confidentiality obligations remain in force
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Trade Secrets Protection: Additional provisions specifically for employees with access to trade secrets or highly sensitive technical information
2. International Data Transfer: Specific provisions for employees handling data across international borders
3. Electronic Systems and Cybersecurity: Additional obligations regarding electronic information systems and cybersecurity measures
4. Industry-Specific Obligations: Special confidentiality requirements for regulated industries (e.g., financial services, healthcare)
5. Third Party Information: Specific provisions regarding confidential information belonging to clients, customers, or business partners
6. Intellectual Property Rights: Additional provisions regarding IP rights and ownership of developed materials
7. Non-Solicitation: Provisions preventing solicitation of other employees or customers, if applicable to the role
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Security Procedures: Detailed procedures and protocols for handling confidential information
3. Schedule 3 - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the NDA
4. Schedule 4 - Approved Third Party Recipients: List of approved third parties who may receive confidential information, if applicable
5. Appendix A - Data Protection Obligations: Specific obligations under Malaysian Personal Data Protection Act 2010
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