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Confidentiality And Non Disparagement Agreement Template for Malaysia

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Key Requirements PROMPT example:

Confidentiality And Non Disparagement Agreement

"I need a Confidentiality and Non-Disparagement Agreement for a senior executive's departure from our technology company, effective March 1, 2025, that specifically covers protection of our client lists, trade secrets, and prevents any negative statements about our company on social media or to industry contacts."

Document background
The Confidentiality And Non Disparagement Agreement is essential in Malaysian business relationships where parties need to protect sensitive information while maintaining professional reputation. It is commonly used during business negotiations, employment terminations, settlements, or any situation where confidential information is shared and parties wish to prevent potential reputational damage. This document, governed by Malaysian law, combines robust confidentiality provisions protecting trade secrets, business strategies, and proprietary information with comprehensive non-disparagement clauses that prevent harmful or negative statements. It ensures compliance with Malaysian legal requirements while providing clear enforcement mechanisms and remedies for breaches.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their full legal names, registration numbers (if companies), and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the confidentiality and non-disparagement obligations

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Disparagement', 'Permitted Purpose', and 'Permitted Recipients'

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

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors or as required by law

6. Non-Disparagement Obligations: Specific obligations regarding non-disparagement, including scope and nature of prohibited statements or actions

7. Duration: Time period for both confidentiality and non-disparagement obligations

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

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

10. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Employee Obligations: Additional provisions specific to employment relationships, used when the agreement involves employees

2. Social Media Policy: Specific provisions regarding social media usage and restrictions, relevant for public-facing roles or digital businesses

3. Third Party Rights: Provisions regarding the rights of third parties under the agreement, particularly relevant when group companies are involved

4. Data Protection: Specific provisions regarding personal data handling under PDPA, necessary when confidential information includes personal data

5. Intellectual Property: Provisions regarding IP rights in confidential information, relevant when technical or proprietary information is involved

6. Survival: Specific provisions about which obligations survive termination, useful in complex commercial relationships

Suggested Schedules

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

2. Schedule 2 - Permitted Recipients: List of individuals or entities authorized to receive confidential information

3. Schedule 3 - Prohibited Actions: Specific examples of prohibited disparaging conduct or statements

4. Schedule 4 - Security Measures: Required security measures for protecting confidential information

5. Appendix A - Acknowledgment Form: Form for permitted recipients to acknowledge confidentiality obligations

Authors

Alex Denne

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

Relevant legal definitions
























Clauses























Relevant Industries

Technology

Healthcare

Financial Services

Manufacturing

Professional Services

Education

Retail

Media and Entertainment

Telecommunications

Biotechnology

Real Estate

Energy

Construction

Automotive

Consumer Goods

Relevant Teams

Legal

Human Resources

Executive Leadership

Research and Development

Information Technology

Finance

Operations

Sales

Marketing

Product Development

Customer Service

Business Development

Administrative Support

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Department Manager

Project Manager

Research Scientist

Software Developer

Financial Controller

Business Development Manager

Operations Director

Sales Executive

Marketing Manager

Product Manager

Senior Consultant

Executive Assistant

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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