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Non Disclosure Agreement For Consultants

Non Disclosure Agreement For Consultants Template for Malaysia

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Key Requirements PROMPT example:

Non Disclosure Agreement For Consultants

"I need a Non-Disclosure Agreement for Consultants for a Malaysian tech startup engaging IT security consultants who will access our source code and customer data, with strict data protection measures and immediate effect from January 2025."

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Document background
The Non-Disclosure Agreement For Consultants is essential when engaging external consultants who will have access to sensitive business information in Malaysia. This document is particularly crucial as consultants often work with multiple clients and require access to proprietary information to perform their services effectively. The agreement ensures compliance with Malaysian law, including the Contracts Act 1950 and relevant data protection regulations, while establishing clear boundaries for information handling. It's designed to protect trade secrets, technical knowledge, business strategies, and other confidential information shared during the consulting engagement. The document includes specific provisions for consultant-client relationships, distinguishing them from employee relationships and addressing the unique aspects of external advisory services.
Suggested Sections

1. Parties: Identification of the disclosing party (company) and receiving party (consultant), including full legal names, registration numbers, and addresses

2. Background: Context of the consulting relationship and purpose of sharing confidential information

3. Definitions: Define key terms including 'Confidential Information', 'Consulting Services', 'Permitted Purpose', and 'Representatives'

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

5. Consultant Obligations: Core confidentiality obligations, including protection measures, non-use, non-disclosure, and security requirements

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

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

8. Term and Survival: Duration of the agreement and which obligations survive 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. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP, particularly relevant when consultant may develop new IP during engagement

2. Non-Competition: Restrictions on working with competitors, only included if specifically required and carefully drafted to be enforceable under Malaysian law

3. Data Protection Compliance: Specific obligations regarding personal data handling under PDPA, included when personal data processing is involved

4. Independent Contractor Status: Explicit confirmation of consultant's independent status, included when needed to clearly distinguish from employment relationship

5. Insurance Requirements: Obligations regarding professional indemnity or cyber insurance, included for high-risk or regulated sector engagements

6. Conflict of Interest: Provisions regarding handling multiple client relationships, included for consultants working in sensitive industries

Suggested Schedules

1. Schedule 1 - Description of Consulting Services: Detailed description of the consulting services to provide context for confidentiality obligations

2. Schedule 2 - Categories of Confidential Information: Specific listing of types of confidential information covered, including any special categories

3. Schedule 3 - Security Protocols: Specific security measures and protocols the consultant must follow

4. Appendix A - Authorized Representatives: List of individuals authorized to receive confidential information on behalf of the consultant

5. Appendix B - Form of Confidentiality Undertaking: Template undertaking to be signed by consultant's representatives who will access 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 Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Energy

Telecommunications

Education

Real Estate

Construction

Retail

Logistics

Aviation

Biotechnology

Agricultural

Mining

Relevant Teams

Legal

Human Resources

Procurement

Information Technology

Finance

Operations

Research and Development

Strategy

Corporate Development

Risk Management

Compliance

Information Security

Relevant Roles

Management Consultant

IT Consultant

Strategy Consultant

Financial Advisor

Business Analyst

Technical Consultant

HR Consultant

Marketing Consultant

Operations Consultant

Environmental Consultant

Legal Consultant

Healthcare Consultant

Engineering Consultant

Sustainability Consultant

Digital Transformation Consultant

Industries
Contracts Act 1950: The fundamental law governing contract formation, validity, and enforcement in Malaysia. This act provides the legal framework for creating binding agreements and determining their enforceability.
Personal Data Protection Act 2010: Regulates the collection, use, and disclosure of personal data. Important for NDAs that might involve handling of personal or sensitive information.
Trade Secrets Act 2021: Provides specific protection for trade secrets and confidential business information, defining what constitutes a trade secret and remedies for misappropriation.
Evidence Act 1950: Relevant for provisions regarding the admissibility of evidence in case of breach of confidentiality and enforcement of the NDA in legal proceedings.
Industrial Relations Act 1967: Important for distinguishing between employees and consultants (independent contractors) and their respective rights and obligations.
Employment Act 1955: While primarily for employees, helps define the boundary between employment and consultancy relationships, which is crucial for NDAs with consultants.
Digital Signature Act 1997: Relevant if the NDA will be executed electronically, providing legal recognition for digital signatures.
Copyright Act 1987: Important when the confidential information includes copyrightable materials or when protecting intellectual property rights.
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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