Non Disclosure Agreement Data Protection Template for Malaysia

This Non Disclosure Agreement Data Protection document is essential for businesses operating in Malaysia that need to share confidential information and personal data while ensuring compliance with local laws, particularly the Personal Data Protection Act 2010. The agreement is typically used when parties need to exchange sensitive business information, trade secrets, or personal data during business negotiations, partnerships, service provisions, or other commercial relationships. It incorporates specific requirements under Malaysian law for data protection, including provisions for data processing principles, security measures, and cross-border data transfers. This document is particularly relevant in today's digital business environment where data protection is crucial and regulatory compliance is mandatory. The agreement helps establish clear obligations and responsibilities regarding both confidentiality and data protection, while providing legal remedies in case of breach.

1. Parties: Identification of the parties entering into the agreement, including registration numbers for companies

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, and other relevant terms

4. Purpose of Disclosure: Specific purposes for which confidential information and personal data may be shared and used

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Data Protection Compliance: Obligations under PDPA 2010 including data processing principles, security measures, and cross-border transfer restrictions

7. Security Measures: Required technical and organizational measures to protect confidential information and personal data

8. Return or Destruction of Information: Procedures for returning or destroying confidential information and personal data upon request or termination

9. Term and Termination: Duration of the agreement and circumstances for termination

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

11. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction for dispute resolution