The Non-Disclosure Affidavit is a specialized legal instrument used in Malaysian business and legal contexts where maximum enforceability of confidentiality obligations is required. It is particularly valuable when dealing with highly sensitive information, intellectual property, or trade secrets that demand the highest level of protection. This document combines the binding nature of a sworn statement with comprehensive confidentiality provisions, making it especially suitable for high-stakes situations or when dealing with key personnel who have access to critical information. The affidavit must be sworn before a Commissioner for Oaths, adding a layer of formality and legal weight beyond standard NDAs. It's commonly used in situations involving senior executives, critical projects, or when preparing for litigation where sworn evidence of confidentiality obligations may be necessary.
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1. Title and Opening Declaration: Formal title of the affidavit and opening statement 'I, [name] of [address], do solemnly and sincerely affirm and say as follows:'
2. Affiant Information: Details of the person making the affidavit including full name, NRIC/passport number, occupation and address
3. Capacity and Authority: Statement of the affiant's position, relationship to the confidential information, and authority to make declarations about it
4. Background and Context: Explanation of circumstances leading to the affidavit and the nature of access to confidential information
5. Definition of Confidential Information: Specific description and scope of what constitutes confidential information covered by the affidavit
6. Non-Disclosure Obligations: Core commitments regarding non-disclosure, non-use, and protection of confidential information
7. Duration of Obligations: Period for which the confidentiality obligations remain in force
8. Return of Materials: Obligations regarding return or destruction of confidential materials
9. Acknowledgment of Consequences: Recognition of legal consequences of breach and potential penalties
10. Verification Statement: Standard closing statement affirming the truth of the contents
11. Execution Block: Space for signature, affirmation before Commissioner for Oaths, and official stamps
1. Prior Disclosure Declaration: Statement about any previous disclosures made, used when there's a need to address past handling of information
2. Third Party Access: Provisions regarding authorized third parties who may have access to information, included when third party access is necessary
3. Intellectual Property Rights: Specific provisions about IP rights related to confidential information, used when IP is a significant concern
4. Emergency Contact Procedures: Procedures for notification in case of unauthorized disclosure, included for highly sensitive information
5. Survival Clause: Specific provisions about obligations that continue after employment/engagement ends, used in employment contexts
6. Competing Activities Declaration: Statement about non-involvement in competing activities, used when competitive concerns exist
7. Security Measures: Specific security protocols for handling information, included for highly sensitive data
1. Schedule A - Detailed List of Confidential Information: Comprehensive itemization of specific confidential information covered by the affidavit
2. Schedule B - Authorized Personnel: List of individuals authorized to access the confidential information, if applicable
3. Schedule C - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Schedule D - Related Agreements: List of any related agreements or documents referenced in the affidavit
5. Appendix 1 - Document Return Form: Template for documenting return or destruction of confidential materials
6. Appendix 2 - Incident Report Form: Template for reporting any unauthorized disclosures or security breaches
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