Graphic Design NDA Template for Malaysia

This Graphic Design NDA is essential for businesses and individuals engaging in graphic design services in Malaysia, where protection of confidential information and creative assets is crucial. The document should be used whenever a graphic designer or design agency needs access to sensitive client information, brand assets, or proprietary materials to perform their services. It encompasses provisions for protecting both traditional and digital design assets, incorporating requirements under Malaysian law, including the Contracts Act 1950 and Trade Secrets Act 2021. The agreement is particularly relevant in today's digital environment where design files and confidential information can be easily transmitted and stored electronically, requiring specific security measures and handling protocols.

1. Parties: Identification of the disclosing party (typically the client) and receiving party (graphic designer/design agency)

2. Background: Context of the agreement, nature of the graphic design services, and reason for sharing confidential information

3. Definitions: Key terms including Confidential Information, Design Materials, Intellectual Property Rights, and Design Services

4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the context of graphic design work

5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information

6. Security Measures: Specific measures for securing digital design files, drafts, and related confidential materials

7. Intellectual Property Rights: Protection of existing IP and provisions regarding IP in design concepts and drafts

8. Return or Destruction of Information: Procedures for returning or destroying confidential information and design materials

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

10. Breach and Remedies: Consequences of breach and available remedies under Malaysian law

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