Non Disclosure Agreement For Data Sharing Template for Malaysia

This Non-Disclosure Agreement For Data Sharing is designed for use in situations where organizations need to share confidential data while ensuring compliance with Malaysian legal requirements, particularly the Personal Data Protection Act 2010. The document is essential for businesses engaging in data exchange, collaborative projects, or outsourcing arrangements where sensitive information needs protection. It addresses modern data protection challenges while incorporating specific Malaysian legal requirements for data privacy, security, and cross-border transfers. The agreement is particularly relevant in today's digital economy where data sharing is increasingly common across industries, from financial services to healthcare, and technology sectors. It includes comprehensive provisions for data handling, security measures, breach notification procedures, and compliance requirements specific to the Malaysian jurisdiction.

1. Parties: Identification of all parties to the agreement, including their full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of the data sharing arrangement

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Data', 'Personal Data', 'Permitted Purpose', and other relevant terms

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

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care required

6. Data Protection and Compliance: Specific obligations regarding data protection under Malaysian law, including PDPA compliance requirements

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

8. Security Measures: Required technical and organizational measures for protecting confidential information and data

9. Term and Survival: Duration of the agreement and survival of obligations post-termination

10. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request

11. Breach and Remedies: Consequences of breach, including remedies and notification requirements

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