The Non-Disclosure Agreement For App Development is essential when engaging in software development projects in Malaysia where sensitive technical and business information needs to be shared between parties. This document is particularly crucial in the initial stages of app development discussions and throughout the development lifecycle. It ensures protection of confidential information including but not limited to source code, development methodologies, technical specifications, and business strategies. Governed by Malaysian law, particularly the Contracts Act 1950 and influenced by the Personal Data Protection Act 2010, this agreement provides a secure framework for sharing sensitive information while maintaining intellectual property rights and trade secrets. It's commonly used when outsourcing development work, engaging with contractors, or partnering with development agencies.
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1. Parties: Identification of the parties entering into the agreement, including the disclosing party (typically the app owner/company) and receiving party (typically the developer)
2. Background: Context of the agreement, stating the app development project and the need to share confidential information
3. Definitions: Key terms including 'Confidential Information', 'App Development Project', 'Intellectual Property Rights', 'Technical Specifications', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of app development, including source code, algorithms, designs, and business logic
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, subcontractors, or other authorized parties
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon project completion or termination
9. Intellectual Property Rights: Confirmation that the disclosure of confidential information does not transfer any IP rights
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Solicitation: Prevents poaching of employees or clients, recommended when sharing team or client information
2. Data Protection Compliance: Specific obligations under PDPA 2010, necessary when personal data will be shared
3. Source Code Protection: Additional protections specifically for source code, recommended for complex development projects
4. Third Party Disclosure: Rules for sharing with third-party contractors, needed when external vendors may be involved
5. Export Control: Compliance with export control laws, necessary for apps with international distribution
6. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, recommended for proprietary technology
7. Security Protocols: Specific security measures required for handling digital assets, recommended for high-security projects
1. Schedule 1 - Project Scope: Description of the app development project to which the NDA relates
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Requirements: Specific security protocols and requirements for handling digital assets
4. Schedule 4 - Approved Subcontractors: List of pre-approved third parties who may receive confidential information
5. Appendix A - Categories of Confidential Information: Detailed categorization of different types of confidential information
6. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Mobile Applications
E-commerce
Financial Technology
Healthcare Technology
Education Technology
Gaming and Entertainment
Digital Services
Telecommunications
Retail Technology
Manufacturing Technology
Professional Services
Startup Ecosystem
Digital Transformation
Relevant Teams
Legal
Information Technology
Software Development
Product Development
Procurement
Business Development
Innovation
Digital Transformation
Information Security
Compliance
Research and Development
Project Management Office
Technical Operations
Enterprise Architecture
Vendor Management
Relevant Roles
Chief Technology Officer
Software Development Manager
Project Manager
Mobile App Developer
Technical Lead
Product Owner
IT Director
Software Engineer
Development Team Lead
Solutions Architect
Business Development Manager
Procurement Manager
Legal Counsel
Contract Manager
Innovation Director
Digital Transformation Manager
Technology Consultant
Startup Founder
Technical Project Manager
Chief Information Officer
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