The Non-Disclosure Non-Circumvention Agreement is essential in the Malaysian business environment where protecting both confidential information and business relationships is crucial. This document is typically used when parties are entering into business discussions, negotiations, or partnerships where sensitive information will be shared and there's a need to prevent parties from bypassing each other in business dealings. It's particularly relevant in today's interconnected business environment where information can be easily shared and business relationships can be circumvented. The agreement must comply with Malaysian legislation, including the Contracts Act 1950, Trade Secrets Act 2020, and Competition Act 2010, ensuring enforceability while maintaining reasonable business restrictions.
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1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Circumvention', 'Authorized Purpose'
4. Confidentiality Obligations: Details the obligations regarding handling and protecting confidential information
5. Non-Circumvention Obligations: Specifies prohibited activities and direct/indirect business interference
6. Term and Survival: Specifies the duration of the agreement and which provisions survive termination
7. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
9. Remedies: Specifies available remedies including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when the confidential information includes intellectual property
2. Data Protection Compliance: Specific provisions regarding compliance with PDPA 2010 when personal data is involved
3. Non-Solicitation: Additional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Assignment and Succession: Provisions regarding the transfer of rights and obligations, particularly relevant for corporate parties
5. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration options
1. Schedule 1: Confidential Information: Detailed description of the specific confidential information covered by the agreement
2. Schedule 2: Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3: Permitted Purpose: Detailed description of the authorized use of confidential information
4. Schedule 4: Security Measures: Specific security protocols and measures required for protecting confidential information
5. Appendix A: Non-Disclosure Certificate: Template certificate to be signed by employees or representatives who will access confidential information
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