Non Disclosure Agreement For Service Provider

Non Disclosure Agreement For Service Provider Template for Malaysia

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Key Requirements PROMPT example:

"I need a Non-Disclosure Agreement For Service Provider to be used with an IT consulting firm that will be accessing our customer database and proprietary software code starting March 2025; the agreement should include strong data protection provisions and specific technical security requirements."

Document background

The Non-Disclosure Agreement For Service Provider is essential when companies engage external service providers who require access to confidential business information, trade secrets, or proprietary data. This agreement type is commonly used in Malaysia when initiating new service provider relationships or formalizing existing ones, ensuring that sensitive information shared during the course of business remains protected. It establishes clear guidelines for handling confidential information, defines the scope of permitted use, and sets out the consequences of unauthorized disclosure. The document is structured to comply with Malaysian legal requirements, including the Contracts Act 1950 and relevant data protection laws, making it suitable for both domestic and international service provider relationships within the Malaysian jurisdiction.

Suggested Sections

1. Parties: Identifies and provides full details of the disclosing party and the service provider

2. Background: Explains the context of the relationship and purpose of sharing confidential information

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

4. Scope of Confidentiality: Details what constitutes confidential information and the basic obligations of confidentiality

5. Use of Confidential Information: Specifies permitted uses and restrictions on the use of confidential information

6. Protection of Confidential Information: Outlines security measures required to protect confidential information

7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

8. Duration and Survival: Specifies the term of the agreement and which obligations survive termination

9. Breach and Remedies: Describes consequences of breach and available remedies

10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Third Party Disclosure: Include when service provider may need to share information with subcontractors or other third parties

2. Data Protection Compliance: Include when confidential information includes personal data under PDPA 2010

3. Non-Competition: Include when there are concerns about competitive activities during or after the engagement

4. Intellectual Property Rights: Include when confidential information includes IP or when new IP might be created

5. Force Majeure: Include when needing to address extraordinary circumstances affecting confidentiality obligations

6. Insurance Requirements: Include when requiring service provider to maintain specific insurance coverage

7. Audit Rights: Include when disclosing party needs right to audit compliance

8. Securities Law Compliance: Include when information might include market-sensitive data

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Procedures: Specific security measures and protocols required for handling confidential information

4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Telecommunications

Energy

Retail

Education

Construction

Research and Development

Information Technology

Business Process Outsourcing

Consulting Services

Relevant Teams

Legal

Procurement

Vendor Management

Information Security

Human Resources

Operations

Risk Management

Compliance

Information Technology

Finance

Business Development

Research and Development

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Procurement Manager

Vendor Management Officer

Contract Administrator

Project Manager

Information Security Officer

HR Director

Operations Manager

Business Development Manager

Risk Management Officer

Compliance Officer

Department Head

Chief Technology Officer

Chief Financial Officer

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