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Indemnity Confidentiality Agreement

Indemnity Confidentiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

Indemnity Confidentiality Agreement

"I need an Indemnity Confidentiality Agreement under Malaysian law for a potential joint venture with a technology company, where we'll be sharing sensitive AI algorithms and trade secrets, with strict indemnification provisions for any unauthorized disclosures."

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Document background
The Indemnity Confidentiality Agreement is essential in business transactions where sensitive information needs to be shared with enhanced protection mechanisms. This document is particularly relevant in the Malaysian business context where parties need stronger safeguards than those provided by standard non-disclosure agreements. It combines strict confidentiality obligations with specific indemnification provisions, making it suitable for high-value transactions, sensitive technology transfers, or strategic business negotiations. The agreement is structured to comply with Malaysian legal requirements while providing clear remedies and enforcement mechanisms. It is commonly used in scenarios involving substantial intellectual property, trade secrets, or commercially sensitive information where the disclosing party requires additional security through indemnification provisions.
Suggested Sections

1. Parties: Identification of all parties to the agreement, 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', 'Permitted Purpose', 'Representatives', 'Losses'

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

5. Indemnification: Specific indemnification provisions, including scope of indemnity and process for claims

6. Security Measures: Required security measures for protecting confidential information

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

8. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination

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

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

Optional Sections

1. Permitted Disclosures: Additional section when specific categories of permitted disclosures need to be detailed, such as to professional advisors or regulators

2. Data Protection Compliance: Required when confidential information includes personal data under PDPA 2010

3. Industry-Specific Requirements: Added for regulated industries with specific confidentiality requirements

4. Intellectual Property Rights: Include when confidential information involves IP rights or potential developments

5. Insurance Requirements: Added when specific insurance coverage is required for indemnification obligations

6. Third Party Rights: Include when rights need to be extended to or excluded from third parties

7. Force Majeure: Optional clause for circumstances affecting ability to protect confidential information

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required

4. Schedule 4 - Indemnified Parties: List of additional parties covered by indemnification provisions

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking by representatives

6. Appendix B - Data Destruction Certificate: Template certificate for confirming destruction of confidential information

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Confidential Information
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Representative
Business Day
Effective Date
Group
Indemnified Parties
Losses
Personal Data
Security Requirements
Subsidiary
Term
Territory
Trade Secrets
Intellectual Property Rights
Confidentiality Undertaking
Data Protection Laws
Destruction Certificate
Malaysian Law
Representatives
Security Breach
Permitted Disclosures
Confidentiality Period
Indemnification Obligations
Claim
Damages
Affiliate
Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Energy

Telecommunications

Real Estate

Construction

Education

Biotechnology

Mining

Retail

Automotive

Agriculture

Relevant Teams

Legal

Compliance

Executive Leadership

Finance

Business Development

Research and Development

Information Technology

Human Resources

Risk Management

Corporate Secretariat

Procurement

Operations

Investment

Mergers and Acquisitions

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Chief Financial Officer

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Chief Information Officer

Human Resources Director

Risk Manager

Corporate Secretary

Procurement Manager

Operations Manager

Investment Manager

Merger & Acquisition Specialist

Industries
Contracts Act 1950: Primary legislation governing contract formation, validity, and enforcement in Malaysia. Essential for ensuring the agreement is legally binding and enforceable.
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions. Relevant for confidentiality agreements that may involve personal data protection.
Common Law Principles of Confidentiality: Malaysian courts recognize common law principles protecting confidential information and trade secrets, derived from English common law.
Specific Relief Act 1950: Provides framework for injunctive relief and specific performance, crucial for enforcement of confidentiality obligations.
Evidence Act 1950: Relevant for provisions regarding burden of proof and admissibility of evidence in case of breach of confidentiality.
Civil Law Act 1956: Provides for the application of English common law principles in commercial matters, including confidentiality obligations.
Competition Act 2010: May be relevant if confidentiality provisions could impact market competition or contain non-compete clauses.
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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