This Information Technology Non Disclosure Agreement is designed for use in technology-focused business relationships where sensitive technical, digital, or proprietary information needs to be shared between parties. It is specifically structured to comply with Malaysian law, including the Personal Data Protection Act 2010, Contracts Act 1950, and Digital Signature Act 1997. The agreement is particularly suitable for scenarios involving software development, IT services, technology consulting, or any situation where technical specifications, source code, or other IT-related confidential information needs protection. It includes specific provisions for digital data handling, cybersecurity requirements, and electronic information management, making it distinct from standard NDAs. The document addresses modern technological considerations such as cloud storage, digital transmission, and cross-border data transfers while maintaining robust protection for traditional forms of confidential information.
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1. Parties: Identification of the parties entering into the NDA, including registration numbers for companies
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions including 'Confidential Information', 'IT Systems', 'Data', 'Source Code', and other technical terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information, particularly IT-related materials
5. Obligations of Confidentiality: Core confidentiality obligations and security measures required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Data Protection Compliance: Obligations under Malaysian Personal Data Protection Act and related regulations
8. Security Measures: Specific IT security measures required for protecting confidential information
9. Return or Destruction: Provisions for return or destruction of confidential information, including digital data
10. Term and Survival: Duration of the agreement and surviving obligations
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.
1. Cross-Border Data Transfer: Required when confidential information may be transferred outside Malaysia
2. Source Code Protection: Specific provisions for protecting source code when software development is involved
3. Cloud Storage Provisions: Required when confidential information may be stored in cloud services
4. Employee/Contractor Obligations: Required when the receiving party needs to share information with employees or contractors
5. Audit Rights: Optional provisions allowing the disclosing party to audit compliance
6. Reverse Engineering Prohibition: Specific provisions prohibiting reverse engineering of software or systems
7. Competition Restrictions: Non-compete provisions if required (subject to Malaysian competition law)
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered
2. Schedule 2 - Authorized Personnel: List of authorized personnel who may access the confidential information
3. Schedule 3 - Security Protocols: Detailed IT security protocols and requirements
4. Schedule 4 - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential data
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees/contractors
6. Appendix B - Data Destruction Certificate: Template certificate confirming destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Computing
Cybersecurity
Financial Services
Healthcare Technology
E-commerce
Telecommunications
Digital Media
Manufacturing Technology
Educational Technology
Biotechnology
Artificial Intelligence
Internet of Things
Data Analytics
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Research and Development
Software Development
Infrastructure
Data Protection
Project Management
Solutions Architecture
Enterprise Architecture
Quality Assurance
Operations
Risk Management
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Systems Administrator
Network Security Engineer
Database Administrator
Project Manager
IT Consultant
Solutions Architect
Cloud Services Engineer
Information Security Manager
Data Protection Officer
Technical Lead
DevOps Engineer
IT Procurement Manager
Legal Counsel
Compliance Officer
Contract Manager
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