This Non-Disclosure Agreement For Contractors is essential for businesses operating in Malaysia that engage external contractors and need to protect their confidential information. The document is designed to comply with Malaysian legal requirements, including the Contracts Act 1950 and relevant data protection laws. It should be used whenever a company engages contractors who will have access to sensitive business information, intellectual property, trade secrets, or proprietary data. The agreement covers definition of confidential information, permitted uses, security measures, return or destruction of information, and enforcement mechanisms. It's particularly important in today's business environment where contractors often require access to sensitive corporate information to perform their duties effectively.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the contractor), including full legal names and addresses
2. Background: Brief context explaining the purpose of the agreement and the intended business relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses: Specific circumstances under which the confidential information may be used by the receiving party
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Security Measures: Specific technical and organizational measures required for protecting confidential information, particularly relevant for technology-related contracts
2. Intellectual Property Rights: Additional provisions regarding IP ownership and licensing, important when confidential information includes IP
3. Data Protection Compliance: Specific provisions relating to personal data handling under PDPA, necessary when confidential information includes personal data
4. Non-Competition: Restrictions on competitive activities, useful when contractor may have access to highly sensitive business information
5. Non-Solicitation: Restrictions on soliciting employees or clients, relevant for contractors with significant client or employee contact
6. Subcontractors: Provisions governing the use of subcontractors and their obligations, needed when contractor may need to involve third parties
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the specific project or purpose for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
4. Appendix A - Authorized Representatives: List of individuals authorized to receive and handle confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Construction
Education
Telecommunications
Energy
Research and Development
Media and Entertainment
Retail
Logistics
Biotechnology
Real Estate
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Information Security
Risk and Compliance
Operations
Research and Development
Project Management Office
Executive Leadership
Business Development
Administrative Services
Relevant Roles
Legal Counsel
HR Manager
Procurement Manager
Project Manager
Operations Director
Chief Technology Officer
Chief Information Officer
Business Development Manager
Contract Administrator
Risk Manager
Compliance Officer
Department Head
Managing Director
Chief Executive Officer
Information Security Officer
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