This Non-Disclosure and Restricted Use Agreement is essential for businesses and individuals operating in Malaysia who need to protect sensitive information while sharing it for specific purposes. The document is particularly relevant when parties need to exchange confidential information for evaluation, collaboration, or business opportunities, but want to maintain strict control over how that information is used. It complies with Malaysian legislation, including the Contracts Act 1950 and Personal Data Protection Act 2010, and is commonly used in scenarios such as business negotiations, joint ventures, technology licensing, and service provider relationships. The agreement combines traditional confidentiality provisions with specific use restrictions, making it more comprehensive than a standard NDA. It's especially important in situations where the receiving party needs access to sensitive information but must be restricted to using it only for clearly defined purposes.
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1. Parties: Identification of all parties to the agreement with full legal names and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Disclosure and Use of Confidential Information: Core obligations regarding the handling and use of confidential information
5. Safeguarding and Security Measures: Required security measures for protecting confidential information
6. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
7. Duration and Survival: Term of the agreement and provisions that survive termination
8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
9. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Permitted Disclosures: Used when specific categories of permitted disclosures need to be detailed, such as to professional advisors or regulators
2. Data Protection Compliance: Required when personal data is included in the confidential information, ensuring compliance with PDPA 2010
3. Intellectual Property Rights: Included when confidential information includes IP that needs specific protection
4. Non-Solicitation: Added when there's a need to prevent poaching of employees or clients
5. Export Control: Required when confidential information may be subject to export control laws
6. Digital Security Measures: Included when confidential information will be stored or transmitted electronically
7. Competitive Restrictions: Used when additional competitive restrictions are needed beyond confidentiality
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the permitted use of the confidential information
3. Schedule 3 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols required for handling the information
5. Schedule 5 - Return/Destruction Certification Form: Template form for certifying the return or destruction of confidential information
Authors
Relevant legal definitions
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Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Energy
Telecommunications
Education
Real Estate
Construction
Automotive
Aerospace
Consumer Goods
Relevant Teams
Legal
Compliance
Research and Development
Information Technology
Human Resources
Business Development
Operations
Finance
Procurement
Information Security
Corporate Strategy
Product Development
Executive Leadership
Risk Management
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Human Resources Director
Procurement Manager
Investment Analyst
Operations Manager
Technical Director
Innovation Manager
Partnership Manager
Compliance Officer
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