The Information Technology Confidentiality Agreement is essential for businesses operating in Malaysia's growing technology sector. It is designed to protect sensitive technical and business information shared during IT-related business relationships, whether in software development, system integration, IT consulting, or other technology services. This agreement is specifically tailored to comply with Malaysian legislation, including the Personal Data Protection Act 2010, Computer Crimes Act 1997, and Digital Signature Act 1997. It is particularly relevant for situations involving technical specifications, source code, algorithms, database structures, and other IT-related confidential information. The agreement addresses both traditional confidentiality concerns and modern challenges such as cloud computing, data protection, and cybersecurity requirements under Malaysian law.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of terms including 'Confidential Information', 'IT Systems', 'Security Requirements', 'Authorized Personnel', etc.
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT context, including source code, databases, algorithms, technical specifications, etc.
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Data Protection Compliance: Compliance requirements with Malaysian Personal Data Protection Act and related regulations
7. Security Measures: Specific IT security measures required for protecting confidential information
8. Authorized Personnel: Requirements for personnel access, including security clearance and confidentiality undertakings
9. Term and Survival: Duration of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach, including injunctive relief and damages
11. Return or Destruction: Requirements for return or destruction of confidential information upon termination
12. General Provisions: Standard clauses including governing law, jurisdiction, assignment, and entire agreement
1. Source Code Protection: Special provisions for handling and protecting source code, used when software code is part of the confidential information
2. Cloud Storage Requirements: Specific requirements for cloud storage of confidential information, used when cloud services are involved
3. Third Party Disclosure: Provisions for allowed disclosure to third parties such as contractors or advisors, used when third party access is necessary
4. International Data Transfer: Requirements for international transfer of confidential information, used when data will cross borders
5. Escrow Arrangements: Provisions for escrow of critical information or code, used in high-value or critical systems
6. Audit Rights: Rights to audit compliance with security measures, used in high-risk or regulated situations
7. Competition Restrictions: Non-compete provisions related to the confidential information, used when competitive risks exist
1. Schedule 1 - Identified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Security Requirements: Technical specifications for security measures, including encryption standards, access controls, and network security
3. Schedule 3 - Authorized Personnel: List of authorized personnel with access levels and security clearance requirements
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data under Malaysian law
5. Appendix A - Confidentiality Undertaking: Form of confidentiality undertaking for authorized personnel to sign
6. Appendix B - Security Incident Response Plan: Procedures for handling and reporting security breaches
7. Appendix C - Return/Destruction Certificate: Form for certifying return or destruction of confidential information
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