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Consultant Confidentiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

Consultant Confidentiality Agreement

"I need a Consultant Confidentiality Agreement for a technology startup in Malaysia engaging multiple IT consultants starting March 2025, with special focus on protecting our software development processes and customer data."

Document background
The Consultant Confidentiality Agreement is essential for businesses operating in Malaysia that engage external consultants or consulting firms. It provides a legal framework for protecting confidential information, trade secrets, and proprietary data that must be shared during consulting engagements. The document ensures compliance with Malaysian legal requirements, including the Contracts Act 1950, Personal Data Protection Act 2010, and common law principles regarding confidentiality. It is particularly crucial in today's business environment where consultants often require access to sensitive business information to provide their services effectively. The agreement defines what constitutes confidential information, establishes clear obligations for handling and protecting such information, and provides remedies under Malaysian law in case of breach.
Suggested Sections

1. Parties: Identifies and provides full details of the parties entering into the agreement - the company (disclosing party) and the consultant (receiving party)

2. Background: Sets out the context of the agreement, nature of the consulting relationship, and purpose of sharing confidential information

3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Permitted Recipients', and other relevant terms

4. Scope of Confidentiality: Details what constitutes confidential information and the extent of protection required

5. Obligations of Confidentiality: Specifies the consultant's duties regarding confidential information, including storage, handling, and non-disclosure obligations

6. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Specifies the security measures required to protect confidential information

8. Return or Destruction of Information: Procedures for returning or destroying confidential information upon termination or request

9. Duration of Obligations: Specifies how long the confidentiality obligations remain in force

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

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

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant when consultant may create or modify IP during engagement

2. Data Protection Compliance: Specific obligations regarding personal data handling under PDPA 2010, necessary when consultant may access personal data

3. Non-Competition: Restrictions on competitive activities, included when consultant may gain competitive advantage from confidential information

4. Non-Solicitation: Prevents consultant from soliciting company's employees or clients, included for senior consultants or those with client contact

5. Publicity and Announcements: Controls on public statements about the relationship, relevant for high-profile consultants or sensitive projects

6. Insurance Requirements: Obligations to maintain professional indemnity or cyber insurance, relevant for high-risk projects

7. Audit Rights: Company's right to audit consultant's compliance, important for highly sensitive information or regulated industries

Suggested Schedules

1. Schedule 1 - Description of Services: Detailed description of consulting services and context for confidential information access

2. Schedule 2 - Categories of Confidential Information: Specific types of confidential information covered by the agreement

3. Schedule 3 - Approved Security Measures: Detailed technical and organizational security measures required

4. Schedule 4 - Permitted Recipients: List of individuals or roles authorized to receive confidential information

5. Appendix A - Data Processing Terms: Detailed terms for personal data processing if required under PDPA 2010

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 and Software

Financial Services

Healthcare

Manufacturing

Professional Services

Energy and Utilities

Telecommunications

Real Estate

Education

Research and Development

Biotechnology

E-commerce

Construction

Media and Entertainment

Retail

Relevant Teams

Legal

Human Resources

Procurement

Information Technology

Operations

Research and Development

Finance

Compliance

Risk Management

Innovation

Business Development

Project Management

Relevant Roles

Chief Executive Officer

Legal Counsel

Human Resources Director

Procurement Manager

Project Manager

Business Development Manager

IT Security Manager

Operations Director

Research Director

Finance Manager

Compliance Officer

Risk Manager

Department Head

Technical Lead

Innovation Manager

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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