Insurance Confidentiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

Insurance Confidentiality Agreement

"I need an Insurance Confidentiality Agreement for our Malaysian insurance company's new cloud service provider who will be handling our policyholder data and claims processing systems starting March 2025; the agreement must include strict data security protocols and cross-border data transfer provisions."

Document background

The Insurance Confidentiality Agreement is essential for protecting sensitive information exchanged within Malaysia's insurance sector. This document is typically used when insurance companies, brokers, or related service providers need to share confidential information such as policyholder data, claims histories, underwriting methodologies, or proprietary business information. The agreement ensures compliance with Malaysian regulatory requirements, particularly under the Financial Services Act 2013 and Personal Data Protection Act 2010, while establishing clear protocols for handling sensitive insurance-related information. It addresses specific needs of the insurance industry, including provisions for regulatory reporting, data protection, and information security measures. The document is particularly crucial given the increasing digitalization of insurance services and the need to protect sensitive data in compliance with Malaysian law.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and registered addresses

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', 'Authorized Personnel', 'Purpose', 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 the protection, use, and non-disclosure of confidential information

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

7. Data Protection Compliance: Obligations relating to compliance with Malaysian data protection laws

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

9. Return or Destruction of Information: Procedures for returning or destroying confidential information upon termination or request

10. Term and Termination: Duration of the agreement and termination provisions

11. Breach and Remedies: Consequences of breach and available remedies

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when confidential information includes intellectual property

2. Shariah Compliance: Required for agreements involving Takaful operators or Islamic insurance products

3. International Data Transfers: Provisions for cross-border data transfers when parties operate internationally

4. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations

5. Insurance Requirements: Specific insurance requirements for protecting against data breaches or confidentiality breaches

6. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly relevant for regulated entities

7. Survival Clause: Specifying which obligations survive termination of the agreement

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information and their access levels

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

4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data in compliance with PDPA

5. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by authorized personnel accessing confidential information

6. Appendix B - Information Security Standards: Technical and organizational security standards required for protecting 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Insurance

Financial Services

Healthcare

Technology

Professional Services

Banking

Automotive

Real Estate

Manufacturing

Transportation

Maritime

Construction

Energy

Relevant Teams

Legal

Compliance

Risk Management

Underwriting

Claims Processing

Data Protection

Information Security

Operations

Business Development

Actuarial

Information Technology

Customer Service

Product Development

Relevant Roles

Chief Risk Officer

Compliance Manager

Legal Counsel

Insurance Underwriter

Claims Manager

Data Protection Officer

Business Development Manager

Insurance Broker

Actuarial Manager

Operations Director

IT Security Manager

Privacy Officer

Contract Manager

Risk Analyst

Insurance Agent

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