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Trade Secret Confidentiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

Trade Secret Confidentiality Agreement

"I need a Trade Secret Confidentiality Agreement for my Malaysian manufacturing company to protect proprietary production processes when working with overseas suppliers in Japan and South Korea, with the agreement taking effect from March 2025."

Document background
The Trade Secret Confidentiality Agreement is essential for businesses operating in Malaysia who need to protect their proprietary information and trade secrets while engaging in business relationships, negotiations, or collaborations. This document becomes necessary when parties need to share sensitive information such as manufacturing processes, formulas, designs, business methods, or other confidential data that provides competitive advantage. The agreement, governed by Malaysian law, ensures compliance with local legal requirements while providing robust protection mechanisms for trade secrets. It is particularly crucial given that Malaysia relies on contract law and common law principles for trade secret protection, as there is no specific trade secret statute. The document should be implemented before any confidential information is shared and can be customized based on the specific nature of the trade secrets and the business relationship between the parties.
Suggested Sections

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

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', 'Authorized Personnel', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and trade secrets under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

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

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

9. Duration and Survival: Term of the agreement and surviving obligations

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when there's a risk of competitive advantage through information access

2. Non-Solicitation: Prevents poaching of employees or customers, relevant when parties have access to personnel or customer information

3. Intellectual Property Rights: Clarifies ownership and rights related to IP, needed when confidential information includes patentable innovations or copyright material

4. Data Protection Compliance: Specific obligations under PDPA 2010, required when confidential information includes personal data

5. Export Control Compliance: Required when confidential information may be subject to export control regulations

6. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, important for technical trade secrets

7. Auditing Rights: Rights to audit compliance, useful for high-value trade secrets or complex implementations

Suggested Schedules

1. Schedule 1: Description of Trade Secrets: Detailed description of specific trade secrets and confidential information covered

2. Schedule 2: Authorized Personnel: List of personnel authorized to access the confidential information

3. Schedule 3: Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4: Permitted Purpose: Detailed description of the specific purposes for which the confidential information may be used

5. Appendix A: Non-Disclosure Agreement for Employees: Template NDA for employees who will have access to the confidential information

6. Appendix B: Information Classification Guidelines: Guidelines for classifying different types of confidential information and corresponding security measures

Authors

Alex Denne

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

Relevant legal definitions






























Clauses


























Relevant Industries

Technology

Manufacturing

Pharmaceutical

Biotechnology

Chemical

Automotive

Aerospace

Food and Beverage

Research and Development

Electronics

Software Development

Industrial Design

Financial Services

Healthcare

Energy

Telecommunications

Relevant Teams

Legal

Research and Development

Product Development

Manufacturing

Operations

Information Technology

Business Development

Innovation

Technical Operations

Quality Assurance

Intellectual Property

Compliance

Engineering

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Research Director

Product Development Manager

Manufacturing Manager

Legal Counsel

Intellectual Property Manager

Business Development Director

Innovation Manager

Project Manager

Technical Director

Chief Information Officer

Operations Manager

Quality Assurance Manager

Process Engineer

Research Scientist

Contract 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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