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NDA For Subcontractors for Malaysia

NDA For Subcontractors Template for Malaysia

A comprehensive non-disclosure agreement tailored for subcontractor relationships under Malaysian law, designed to protect confidential information shared during business operations. This document ensures compliance with Malaysian legislation including the Contracts Act 1950 and Personal Data Protection Act 2010, while establishing clear obligations for maintaining confidentiality, permitted uses of information, and consequences of breach. The agreement is structured to accommodate various industries and project types while maintaining enforceability within the Malaysian legal framework.

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NDA For Subcontractors

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What is a NDA For Subcontractors?

This NDA For Subcontractors is essential for businesses operating in Malaysia that engage subcontractors and need to protect sensitive information during their business relationship. The document is designed to comply with Malaysian legal requirements, including the Contracts Act 1950, Trade Secrets Act 1993, and Personal Data Protection Act 2010. It should be used whenever a company needs to share confidential information with subcontractors, whether for project evaluation, implementation, or ongoing services. The agreement covers definition of confidential information, usage restrictions, security measures, breach remedies, and return or destruction of information upon project completion. It's particularly relevant for projects involving technical specifications, proprietary processes, client data, or other sensitive business information.

What sections should be included in a NDA For Subcontractors?

1. Parties: Identifies the disclosing party (typically the main contractor) and receiving party (subcontractor), including full legal names and registration details

2. Background: Explains the context of the relationship and purpose of the NDA, including reference to the main contract or project

3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a NDA For Subcontractors?

1. Data Protection Compliance: Additional provisions for compliance with PDPA 2010, used when confidential information includes personal data

2. Intellectual Property Rights: Specific provisions regarding IP ownership and licensing, used when confidential information includes IP

3. Non-Competition: Restrictions on competitive activities, used when there's a specific need to protect market position

4. Non-Solicitation: Restrictions on soliciting employees or clients, used when protecting business relationships is crucial

5. Audit Rights: Rights to audit compliance with confidentiality obligations, used for highly sensitive information

6. Insurance Requirements: Obligations to maintain specific insurance coverage, used in high-risk industries

7. Force Majeure: Provisions for unforeseen circumstances, used when long-term obligations are involved

What schedules should be included in a NDA For Subcontractors?

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Approved Recipients: List of individuals or roles authorized to access confidential information

3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information

4. Schedule 4 - Project Specific Details: Details of specific project or work scope related to the confidential information

5. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by individual employees or representatives accessing confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Cost

Free to use
Relevant legal definitions




























Clauses
























Relevant Industries

Construction

Information Technology

Manufacturing

Professional Services

Healthcare

Engineering

Research and Development

Energy

Telecommunications

Financial Services

Education

Defense and Security

Relevant Teams

Legal

Procurement

Operations

Human Resources

Information Technology

Compliance

Risk Management

Project Management Office

Business Development

Supply Chain

Information Security

Administration

Relevant Roles

Project Manager

Procurement Manager

Legal Counsel

Contract Administrator

Operations Director

Chief Technology Officer

HR Manager

Compliance Officer

Business Development Manager

Supply Chain Manager

Risk Manager

Information Security Officer

General Manager

Technical Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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