This Online Confidentiality Agreement template is designed for situations where parties need to exchange confidential information through digital means while ensuring legal protection under Malaysian law. It is particularly relevant in today's digital business environment where traditional paper-based agreements are being replaced by electronic versions. The agreement incorporates requirements from Malaysian legislation including the Electronic Commerce Act 2006, Contracts Act 1950, and Personal Data Protection Act 2010, ensuring validity of electronic execution and enforceability of confidentiality obligations. It is suitable for various business relationships, from employment discussions to commercial partnerships, where sensitive information needs to be shared electronically with appropriate legal safeguards.
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1. Parties: Identification of the disclosing and receiving parties, including registration/identification numbers and registered addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', and 'Electronic Acceptance'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the confidential information
6. Electronic Acceptance and Execution: Provisions regarding electronic signature, acceptance, and binding nature of the online agreement
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Term and Survival: Duration of the agreement and survival of obligations after termination
9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Permitted Disclosures: Additional provisions for allowing disclosure to specific parties like employees, advisors, or regulators
2. Data Protection Compliance: Include when confidential information contains personal data subject to PDPA
3. Special Industry Requirements: Add for specific industries with additional regulatory requirements
4. Cross-Border Transfers: Include when confidential information may be transferred outside Malaysia
5. Intellectual Property Rights: Add when confidential information includes IP that needs specific protection
6. Non-Solicitation: Optional clause preventing solicitation of employees/customers
7. Force Majeure: Include for long-term NDAs where force majeure events might impact obligations
1. Schedule 1 - Authorized Purpose: Detailed description of the permitted purpose for using confidential information
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
4. Appendix A - Data Processing Terms: Additional terms for compliance with PDPA when personal data is involved
5. Appendix B - Electronic Execution Protocol: Technical requirements and procedures for electronic execution
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
E-commerce
Education
Telecommunications
Research & Development
Biotechnology
Real Estate
Energy
Media & Entertainment
Retail
Construction
Relevant Teams
Legal
Human Resources
Information Technology
Research and Development
Business Development
Procurement
Information Security
Compliance
Operations
Executive Leadership
Finance
Innovation
Corporate Development
Risk Management
Contract Administration
Relevant Roles
Legal Counsel
Chief Executive Officer
Human Resources Manager
Business Development Manager
Project Manager
Chief Technology Officer
Procurement Manager
Research Director
Investment Manager
Operations Manager
Chief Information Security Officer
Compliance Officer
Contract Administrator
Innovation Director
Partnership Manager
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