In today's data-driven business environment, organizations frequently need to share sensitive information while ensuring proper protection and compliance with legal requirements. This Privacy And Confidentiality Agreement is designed for use in Malaysia when parties need to exchange confidential information or personal data in various business contexts, such as business partnerships, service engagements, or employment relationships. It incorporates requirements from the Personal Data Protection Act 2010 and other relevant Malaysian legislation, providing comprehensive protection for both confidential business information and personal data. The document is particularly crucial for organizations handling sensitive data, intellectual property, or engaging in cross-border data transfers, and includes specific provisions for data security, permitted uses, and breach notification procedures.
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1. Parties: Identification of all parties to the agreement, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Authorized Personnel'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Data Protection Obligations: Specific obligations regarding personal data handling in compliance with PDPA 2010
7. Security Measures: Required technical and organizational measures to protect confidential information and personal data
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP rights in confidential information, used when sharing involves proprietary technology or trade secrets
2. International Data Transfers: Provisions for cross-border data transfers, required when parties operate across multiple jurisdictions
3. Industry-Specific Compliance: Additional compliance requirements for specific industries (e.g., healthcare, financial services)
4. Data Breach Notification: Specific procedures for handling and reporting data breaches, recommended for high-risk data sharing
5. Audit Rights: Rights to audit compliance with the agreement, useful for long-term or high-value relationships
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk relationships
7. Third Party Rights: Provisions regarding the rights of third parties, needed when third party data is involved
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access and process confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures to be implemented
4. Schedule 4 - Data Processing Activities: Description of permitted data processing activities and purposes
5. Appendix A - Data Transfer Mechanisms: Details of approved mechanisms for international data transfers
6. Appendix B - Incident Response Plan: Procedures for responding to data breaches or security incidents
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