Confidentiality And Impartiality Agreement

Confidentiality And Impartiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

"I need a Confidentiality and Impartiality Agreement for our Malaysia-based technology consulting firm to use with external auditors who will be reviewing our cloud security systems from March 2025, with special emphasis on protecting our client data and ensuring unbiased audit findings."

Document background

The Confidentiality and Impartiality Agreement serves as a critical legal instrument in Malaysian business and professional relationships where both information protection and unbiased conduct are essential. It is commonly used in situations involving access to sensitive business information, dispute resolution processes, professional services, or advisory roles where maintaining objectivity is crucial. The agreement combines standard confidentiality provisions protecting trade secrets, proprietary information, and personal data with specific obligations regarding impartial conduct and conflict of interest avoidance. This document is particularly relevant in Malaysia's business environment, where it helps organizations comply with local laws while protecting their interests in professional relationships that require both discretion and fairness.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Impartiality', 'Permitted Purpose', and other relevant terms

4. Scope of Agreement: Clear delineation of what information is covered and the context in which impartiality must be maintained

5. Confidentiality Obligations: Detailed obligations regarding the protection, use, and non-disclosure of confidential information

6. Impartiality Obligations: Requirements for maintaining impartiality, avoiding conflicts of interest, and fair treatment of all parties

7. Security Measures: Specific measures required to protect confidential information and maintain records

8. Duration and Survival: Term of the agreement and which obligations survive termination

9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Permitted Disclosures: Specific circumstances under which confidential information may be disclosed, used when there are pre-approved disclosure scenarios

2. Third Party Rights: Rights of third parties under the agreement, relevant when confidential information belongs to or affects third parties

3. Data Protection Compliance: Specific obligations related to personal data protection, required when personal data is involved

4. Industry-Specific Requirements: Additional requirements specific to regulated industries like banking or healthcare

5. International Transfer Provisions: Provisions governing cross-border transfer of information, needed for international arrangements

6. Monitoring and Audit Rights: Rights to monitor compliance and conduct audits, useful for high-risk or regulated relationships

7. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk arrangements

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive or handle confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information

5. Appendix A - Declaration of Interests: Form for declaring any existing or potential conflicts of interest

6. Appendix B - Confidentiality Acknowledgment: Form for additional parties or representatives to acknowledge confidentiality obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

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Relevant Teams

Legal

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Information Technology

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Finance

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Executive Leadership

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Corporate Strategy

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Chief Executive Officer

Chief Financial Officer

Legal Counsel

HR Director

Project Manager

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Board Director

Mediator

Arbitrator

Technical Advisor

External Auditor

Investment Analyst

Systems Administrator

Product Developer

Quality Assurance Manager

Procurement Officer

Strategic Advisor

Department Head

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