Non Disclosure Agreement For Employees Template for Malaysia

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Key Requirements PROMPT example:

Non Disclosure Agreement For Employees

"I need a Non Disclosure Agreement For Employees in Malaysia for my software development company, with strong protection for source code and AI algorithms, to be implemented by January 2025 for our expanding development team in Kuala Lumpur."

Document background
This Non-Disclosure Agreement For Employees is designed for use in Malaysian business operations where employees need access to confidential and proprietary information to perform their duties. It serves as a crucial legal document for protecting sensitive business information, trade secrets, and intellectual property in accordance with Malaysian law, particularly the Employment Act 1955, Contracts Act 1950, and Personal Data Protection Act 2010. The agreement should be implemented at the commencement of employment or when an employee's role changes to include access to confidential information. It contains comprehensive definitions of confidential information, clear obligations for information protection, and specific provisions for the Malaysian business environment, including requirements for witnesses and proper execution under Malaysian law.
Suggested Sections

1. Parties: Identifies the employer company and the employee who are entering into the agreement

2. Background: Explains the context of the agreement and the employee's role

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms

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

5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information

6. Security Measures: Specific measures the employee must take to protect confidential information

7. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination

8. Duration of Obligations: Period for which confidentiality obligations remain in force

9. Breach and Remedies: Consequences of breaching the agreement and available remedies

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

Optional Sections

1. Intellectual Property Rights: Additional section when the employee's role involves creation or handling of IP

2. Third Party Information: Used when employee will handle confidential information belonging to clients or business partners

3. Data Protection Obligations: Required when employee will handle personal data subject to PDPA

4. Non-Competition: Optional restrictions on post-employment competition, subject to reasonableness requirements

5. Non-Solicitation: Restrictions on soliciting customers or employees after employment ends

6. International Transfer of Data: Required for multinational companies or when data may be transferred overseas

7. Monitoring and Compliance: Details of how compliance with the NDA will be monitored and audited

Suggested Schedules

1. Schedule 1: Categories of Confidential Information: Detailed list of specific types of confidential information covered

2. Schedule 2: Security Procedures: Detailed procedures for handling and protecting confidential information

3. Schedule 3: Authorized Third Parties: List of third parties with whom confidential information may be shared

4. Appendix A: Employee Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the NDA

5. Appendix B: Exit Procedures: Procedures to be followed when employment terminates

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

Industries
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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