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Non Disclosure And Non Solicitation Agreement

Non Disclosure And Non Solicitation Agreement Template for Malaysia

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Key Requirements PROMPT example:

Non Disclosure And Non Solicitation Agreement

"I need a Non Disclosure And Non Solicitation Agreement for a technology consulting engagement starting March 2025, protecting our proprietary software development methods and preventing the consultant from poaching our development team for 24 months."

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Document background
The Non-Disclosure and Non-Solicitation Agreement is essential for businesses operating in Malaysia that need to protect their confidential information and maintain stable business relationships. This document is typically used when parties need to share sensitive information during business discussions, partnerships, or potential transactions, while also ensuring that the recipient cannot poach employees, customers, or suppliers. The agreement must comply with Malaysian legal requirements, including the Contracts Act 1950, Employment Act 1955, and Competition Act 2010. It is particularly relevant in scenarios such as business negotiations, due diligence processes, joint ventures, service provider relationships, and potential investment discussions. The document combines robust confidentiality provisions with carefully drafted non-solicitation clauses to provide comprehensive protection while remaining enforceable under Malaysian law.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including registered addresses and company registration numbers where applicable

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Solicitation', 'Restricted Period', and other relevant terms

4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

5. Non-Solicitation Covenants: Restrictions on soliciting employees, customers, suppliers, and other business relationships

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

7. Security Measures: Specific measures required to protect confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Remedies: Available remedies in case of breach, including injunctive relief and damages

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

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes patentable inventions or copyrightable materials

2. Data Protection Compliance: Specific provisions for compliance with PDPA 2010 when personal data is involved

3. Audit Rights: Rights to audit compliance with security measures and confidentiality obligations, typically included for high-risk relationships

4. Insurance Requirements: Obligations to maintain specific insurance coverage, typically for high-value agreements

5. Third Party Rights: Provisions regarding the rights of third parties under the agreement, particularly relevant when group companies are involved

6. Survival Clauses: Specific provisions that survive termination of the agreement

7. Force Majeure: Provisions for unforeseen circumstances affecting performance, if relevant to the confidentiality obligations

Suggested Schedules

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

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols required for protecting confidential information

4. Schedule 4 - Restricted Entities: List of specific entities or categories of entities covered by non-solicitation provisions

5. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by employees or subcontractors who will access confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Manufacturing

Financial Services

Healthcare

Professional Services

Telecommunications

Research & Development

Biotechnology

Energy

Retail

Education

Construction

Automotive

Aerospace

Consumer Goods

Pharmaceuticals

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Procurement

Compliance

Risk Management

Research and Development

Information Technology

Operations

Finance

Corporate Development

Intellectual Property

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Commercial Director

Business Development Manager

Human Resources Director

Chief Technology Officer

Chief Financial Officer

Procurement Manager

Contract Manager

Compliance Officer

Risk Manager

Project Manager

Operations Director

Research Director

Investment 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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