A Non Disclosure Agreement For Startups is essential in Malaysia's growing startup ecosystem where protection of innovative ideas, business strategies, and technological developments is crucial. This document is designed for use when startups need to share sensitive information with potential investors, partners, employees, or service providers. It ensures compliance with Malaysian legislation, including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant common law principles protecting trade secrets. The agreement is particularly important during fundraising rounds, partnership negotiations, employee onboarding, and technology licensing discussions. It includes specific provisions addressing unique startup needs such as pitch deck protection, product development details, and financial projections, while maintaining the flexibility to adapt to various business relationships and scenarios.
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1. Parties: Identification of the disclosing and receiving parties, including registration numbers for companies and IC numbers for individuals
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
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: Procedures 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 clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership of IP and any licenses granted, particularly relevant for technology startups
2. Investor Due Diligence: Special provisions for sharing information with potential investors or during fundraising
3. Data Protection Compliance: Specific obligations regarding personal data under Malaysian PDPA, needed if personal data is involved
4. Non-Solicitation: Restrictions on soliciting employees or customers, important for startups protecting their team and business relationships
5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, particularly important for technology or product-based startups
6. Export Control: Compliance with export control laws, necessary for startups dealing with regulated technologies or international operations
7. Competitive Activities: Restrictions on using information for competitive purposes, useful for startups in highly competitive markets
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purpose(s) for which confidential information may be used
5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations
6. Appendix B - Information Return Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
E-commerce
Financial Technology
Healthcare Technology
Education Technology
Clean Technology
Biotechnology
Software Development
Digital Services
Manufacturing
Retail Innovation
Artificial Intelligence
Internet of Things
Cybersecurity
Mobile Applications
Renewable Energy
Food Technology
Agricultural Technology
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Product Development
Research and Development
Information Technology
Operations
Finance
Compliance
Information Security
Innovation
Partnership Management
Investment Relations
Relevant Roles
CEO
Founder
Co-founder
Chief Technology Officer
Chief Financial Officer
Legal Counsel
HR Manager
Business Development Manager
Product Manager
Project Manager
Investment Manager
Operations Manager
Technical Lead
Research Director
Innovation Manager
Compliance Officer
Information Security Officer
Partnership Manager
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