The Technology Confidentiality Agreement is essential for businesses operating in Malaysia that need to protect sensitive technological information during business relationships, negotiations, or collaborative projects. This document is particularly crucial given Malaysia's growing technology sector and the need to comply with local regulations including the Personal Data Protection Act 2010, Communications and Multimedia Act 1998, and Digital Signature Act 1997. It should be used whenever parties need to share technical specifications, source code, algorithms, research data, or other proprietary technological information. The agreement provides comprehensive protection while ensuring compliance with Malaysian legal requirements, including specific provisions for data protection, cybersecurity measures, and digital communications.
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1. Parties: Identification of the disclosing and receiving parties, including registration numbers and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Technology', 'Authorized 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 protection, non-disclosure, and restricted use of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Required technical and organizational measures 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 termination provisions
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
12. General Provisions: Standard provisions including notices, amendments, and severability
1. Data Protection Compliance: Specific provisions for compliance with PDPA 2010 when personal data is involved
2. Source Code Protection: Additional provisions specifically for protecting software source code when applicable
3. Export Control: Provisions regarding compliance with export control laws when technology may be subject to export restrictions
4. Reverse Engineering Prohibition: Specific prohibition on reverse engineering when dealing with software or technical products
5. Competitive Activities: Non-compete provisions if relevant to the business relationship
6. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly relevant for high-risk disclosures
7. Insurance Requirements: Obligations to maintain specific insurance coverage for high-value technological information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Purpose: Detailed description of the permitted use of the confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required
4. Schedule 4 - Authorized Representatives: List of individuals or roles authorized to access the confidential information
5. Schedule 5 - Return/Destruction Certification Form: Template for certifying the return or destruction of confidential information
6. Appendix A - Data Processing Requirements: Specific requirements for handling personal data if applicable under PDPA 2010
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Financial Services
E-commerce
Healthcare Technology
Manufacturing Technology
Research and Development
Artificial Intelligence
Cybersecurity
Cloud Computing
Digital Banking
Automotive Technology
Biotechnology
Industrial Automation
Relevant Teams
Legal
Information Technology
Information Security
Research and Development
Compliance
Procurement
Business Development
Software Development
Data Protection
Innovation
Technical Operations
Risk Management
Product Development
Corporate Strategy
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Compliance Officer
Information Security Manager
Project Manager
Technology Consultant
Research Director
Innovation Manager
Data Protection Officer
Systems Architect
Technical Lead
Procurement Manager
Business Development Manager
Contract Manager
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