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Perpetual Non Disclosure Agreement

Perpetual Non Disclosure Agreement Template for Malaysia

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Key Requirements PROMPT example:

Perpetual Non Disclosure Agreement

"I need a Perpetual Non Disclosure Agreement for a technology partnership between my Malaysian software company and a foreign AI research institution, with specific provisions for protecting source code and algorithmic innovations."

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Document background
This Perpetual Non Disclosure Agreement is designed for use in situations where parties need to establish long-term or indefinite confidentiality obligations under Malaysian law. It is particularly suitable for protecting trade secrets, proprietary technology, or other sensitive business information that requires protection beyond a fixed term. The agreement complies with Malaysian legal requirements, including the Contracts Act 1950 and Trade Secrets Act 2021, and is structured to be enforceable in Malaysian courts. It can be used in various business contexts, from technology transfers to joint ventures, and includes provisions for both immediate and future protection of confidential information. The perpetual nature of the agreement ensures that confidentiality obligations continue indefinitely, making it especially valuable for protecting information that retains its commercial value over extended periods.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details

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

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

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

5. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or as required by law

6. Information Security Measures: Required standards and procedures for protecting confidential information

7. Return or Destruction of Information: Obligations regarding handling of confidential information upon request or termination

8. Duration and Survival: Establishment of perpetual obligations and survival of terms

9. Remedies: Rights and remedies in case of breach, including injunctive relief

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

Optional Sections

1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when confidential information includes IP - used when sharing technical information or trade secrets

2. Data Protection Compliance: Specific obligations regarding personal data protection - required when confidential information includes personal data

3. Non-Solicitation: Restrictions on soliciting employees or customers - relevant when parties are competitors or in similar industries

4. Export Control: Compliance with export control laws - needed when information may be subject to international transfer restrictions

5. Corporate Authority: Warranties regarding authority to enter agreement - important for complex corporate structures

6. Competitive Activities: Restrictions on competitive activities - relevant when parties are in same industry

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of confidential information covered

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

3. Schedule 3 - Security Protocols: Specific security measures and procedures required for information protection

4. Appendix A - Form of Confidentiality Undertaking: Template undertaking for representatives 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

Healthcare

Financial Services

Professional Services

Research & Development

Energy

Telecommunications

Biotechnology

Education

Real Estate

Construction

Retail

Automotive

Agriculture

Relevant Teams

Legal

Executive Leadership

Business Development

Research & Development

Human Resources

Finance

Operations

Procurement

Innovation

Compliance

Corporate Strategy

Information Technology

Intellectual Property

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Research Director

Chief Technology Officer

Project Manager

Human Resources Director

Chief Financial Officer

Operations Manager

Procurement Manager

Innovation Manager

Strategic Partnership Director

Intellectual Property Manager

Compliance Officer

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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