Bilateral Non Disclosure Agreement Template for Malaysia

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Key Requirements PROMPT example:

Bilateral Non Disclosure Agreement

"I need a Bilateral Non Disclosure Agreement for a potential joint venture between my Malaysian technology company and a Singapore-based AI startup, with strong provisions for protecting source code and technical documentation, to be effective from March 2025."

Document background

This Bilateral Non Disclosure Agreement is essential for businesses and individuals operating in Malaysia who need to protect confidential information during business discussions, due diligence processes, or collaborative ventures. The document is structured to comply with Malaysian legal requirements, particularly the Contracts Act 1950 and Personal Data Protection Act 2010, while providing comprehensive protection for both parties' sensitive information. It defines confidential information, establishes clear obligations for information handling, specifies permitted uses and disclosures, and includes enforcement mechanisms under Malaysian law. This agreement is particularly relevant for cross-border transactions where at least one party is based in Malaysia or where Malaysian law is chosen as the governing law.

Suggested Sections

1. Parties: Identifies the two parties entering into the NDA, including full legal names, registration numbers (if companies), and registered addresses

2. Background: Sets out the context and purpose of the NDA, including the nature of the proposed business relationship

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

4. Scope of Confidential Information: Details what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core obligations regarding handling and protecting confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Term and Survival: Duration of the agreement and which obligations survive termination

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

9. Remedies: Legal remedies available in case of breach, including injunctive relief

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

Optional Sections

1. Data Protection Compliance: Specific provisions for compliance with PDPA 2010, necessary when personal data will be shared

2. Security Measures: Specific technical and organizational measures required for protecting confidential information, useful for technical or highly sensitive information

3. Non-Solicitation: Prevents parties from soliciting each other's employees or customers, relevant in business relationship contexts

4. Intellectual Property Rights: Clarifies ownership and rights regarding any IP contained in confidential information

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

6. Force Majeure: Addresses circumstances beyond parties' control, optional but useful in long-term NDAs

Suggested Schedules

1. Schedule 1 - Designated Representatives: Lists the authorized representatives from each party who may receive confidential information

2. Schedule 2 - Security Protocols: Details specific security measures and protocols for handling confidential information

3. Schedule 3 - Categories of Confidential Information: Itemizes specific categories or types of confidential information covered

4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations

Authors

Alex Denne

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

alex.den.21@genieai.co

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