This Reciprocal Non Disclosure Agreement is essential for business relationships in Malaysia where parties need to share sensitive information while ensuring legal protection. It is commonly used during business negotiations, joint ventures, potential partnerships, or any situation requiring the exchange of confidential information. The document is structured to comply with Malaysian legal requirements, including the Contracts Act 1950 and relevant data protection laws, making it suitable for both domestic and international business relationships. It provides comprehensive protection by clearly defining confidential information, establishing security protocols, and outlining remedies for breach, while ensuring mutual obligations and responsibilities for all parties involved. The agreement is particularly important in Malaysia's business environment, where intellectual property protection and data security are increasingly critical concerns.
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1. Parties: Identification of all parties entering into the NDA, including their full legal names, registration numbers, and registered addresses
2. Background: Brief context of why the NDA is being entered into and the nature of the business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other important terms used throughout the agreement
4. Confidentiality Obligations: Core mutual obligations regarding the protection and non-disclosure of confidential information
5. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed, including to representatives
6. Security Measures: Required procedures and safeguards for protecting confidential information
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Specific provisions clarifying that the NDA does not transfer any IP rights - useful when sharing technical information or trade secrets
2. Data Protection Compliance: Additional provisions for compliance with PDPA 2010 - required when confidential information includes personal data
3. Anti-Poaching/Non-Solicitation: Restrictions on hiring or soliciting each other's employees - relevant for business partnerships or negotiations
4. Export Control: Provisions regarding compliance with export control laws - necessary for international businesses or technical data sharing
5. Publicity: Restrictions on public announcements about the business relationship - important for sensitive negotiations or high-profile parties
6. Insurance Requirements: Obligations to maintain specific insurance coverage - relevant for high-risk or regulated industries
7. Force Majeure: Provisions for unforeseeable circumstances - particularly relevant post-COVID
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of what constitutes confidential information for each party
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required for protecting the confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used
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