The Non-Disclosure and Non-Use Agreement is essential in business relationships where sensitive information needs to be shared while maintaining strict controls over its use and dissemination. This document, governed by Malaysian law, is commonly used during business negotiations, partnership discussions, employment relationships, and commercial transactions. It provides comprehensive protection by not only preventing unauthorized disclosure but also specifically restricting how the receiving party can use the confidential information. The agreement includes detailed definitions of confidential information, specific obligations for handling sensitive data, and enforcement mechanisms aligned with Malaysian legal requirements. It is particularly crucial in protecting trade secrets, proprietary technology, business strategies, and other valuable commercial information.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement, including the purpose of sharing confidential information and the relationship between the parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and other important concepts
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations including protection, non-disclosure, and security measures
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Non-Use Obligations: Specific restrictions on the use of confidential information beyond the permitted purpose
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and IP rights - include when confidential information involves IP
2. Data Protection Compliance: Include when personal data is part of the confidential information
3. Security Measures: Detailed security requirements - include for highly sensitive information or regulated industries
4. Employee and Representative Obligations: Include when information will be shared with employees or representatives
5. Export Control Compliance: Include when information is subject to export control regulations
6. Competitive Restrictions: Include when there's a need to restrict competitive activities
7. Force Majeure: Include when there's a need to address unforeseen circumstances affecting confidentiality obligations
8. Insurance Requirements: Include when specific insurance coverage for data breaches is required
1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list and description of all confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or representatives who will access the information
6. Appendix B - Data Destruction Certificate: Template for certifying destruction of confidential information
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