This Bilateral NDA template is specifically designed for use under Malaysian law when two parties need to share confidential information while ensuring mutual protection. It is particularly relevant for business negotiations, joint ventures, potential partnerships, or any situation where sensitive commercial, technical, or proprietary information needs to be exchanged. The document incorporates requirements from key Malaysian legislation, including the Contracts Act 1950 and Personal Data Protection Act 2010, while also addressing common law principles regarding confidential information. This template is structured to provide comprehensive protection while remaining flexible enough to accommodate various business contexts and types of confidential information.
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1. Parties: Identification and details of both parties entering into the NDA
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Key terms used in the agreement, including definition of Confidential Information
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Use: Specified purposes for which the confidential information may be used
6. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
7. Term and Termination: Duration of the agreement and circumstances for termination
8. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction
9. Entire Agreement: Statement that this document represents the complete agreement between parties
1. Permitted Disclosures: Additional provisions for allowing disclosure to specific parties like employees or professional advisors
2. Security Measures: Specific requirements for protecting confidential information, useful for highly sensitive data
3. Non-Solicitation: Prevents parties from hiring each other's employees, relevant when sharing personnel information
4. Intellectual Property Rights: Additional provisions protecting IP rights, important when sharing technical or proprietary information
5. Data Protection Compliance: Specific provisions relating to PDPA compliance, necessary when personal data is involved
6. Competitive Restrictions: Additional restrictions on competitive activities, subject to Competition Act compliance
1. Schedule 1 - Description of Confidential Information: Detailed listing or categorization of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Education
Research & Development
Telecommunications
Retail
Energy
Construction
Biotechnology
Automotive
Aerospace
Consumer Goods
Relevant Teams
Legal
Business Development
Executive Leadership
Human Resources
Research and Development
Information Technology
Finance
Operations
Procurement
Compliance
Risk Management
Corporate Strategy
Mergers and Acquisitions
Product Development
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Contract Manager
Project Manager
Research Director
Chief Technology Officer
Human Resources Director
Chief Financial Officer
Operations Manager
Procurement Manager
Investment Manager
Compliance Officer
Risk Manager
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