Unilateral Confidentiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

Unilateral Confidentiality Agreement

"I need a Unilateral Confidentiality Agreement for my technology startup to protect proprietary software code and development methodologies when engaging with potential manufacturing partners in Malaysia, with the agreement to take effect from March 1, 2025."

Document background

The Unilateral Confidentiality Agreement is essential in Malaysian business transactions where one party (the Disclosing Party) needs to share sensitive or proprietary information with another party (the Receiving Party) while maintaining strict control over its use and dissemination. This document is commonly used in business negotiations, due diligence processes, consulting arrangements, and potential business partnerships. It ensures compliance with Malaysian legal requirements, including the Contracts Act 1950 and Personal Data Protection Act 2010, while providing clear mechanisms for protecting confidential information and establishing remedies in case of breach. The agreement is particularly crucial in scenarios involving intellectual property, trade secrets, business strategies, or sensitive commercial data where unilateral protection is required.

Suggested Sections

1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names and registered addresses

2. Background: Context of the agreement, purpose of sharing confidential information, and relationship between the parties

3. Definitions: Definition of key terms including 'Confidential Information', 'Representatives', 'Permitted 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 of the Receiving Party regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose confidential information to authorized representatives or as required by law

7. Security Measures: Specific measures the Receiving Party must implement to protect confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

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 as governing law and jurisdiction for disputes

Optional Sections

1. Intellectual Property Rights: Additional provisions clarifying ownership and protection of IP rights when confidential information includes IP

2. Data Protection Compliance: Specific obligations regarding personal data protection when confidential information includes personal data

3. Non-Competition: Restrictions on competitive activities, if relevant to the business relationship

4. Warranties and Representations: Additional warranties regarding the confidential information or authority to enter into the agreement

5. Insurance Requirements: Obligations to maintain specific insurance coverage for data protection

6. Audit Rights: Rights of the Disclosing Party to audit the Receiving Party's compliance

7. Survival Clauses: Specific provisions that survive termination of the agreement

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

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

4. Schedule 4 - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations

5. Schedule 5 - Return/Destruction Certificate: Template certificate confirming return or destruction of 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

Technology and Software

Manufacturing

Healthcare and Pharmaceuticals

Financial Services

Professional Services

Research and Development

Energy and Resources

Telecommunications

Real Estate

Education and Training

Retail and Consumer Goods

Media and Entertainment

Biotechnology

Defense and Security

Relevant Teams

Legal

Human Resources

Procurement

Research and Development

Business Development

Executive Leadership

Information Technology

Finance

Operations

Compliance

Intellectual Property

Corporate Strategy

Risk Management

Information Security

Relevant Roles

Chief Executive Officer

Legal Counsel

Business Development Manager

Chief Technology Officer

Human Resources Director

Procurement Manager

Research Director

Investment Manager

Project Manager

Operations Director

Compliance Officer

Chief Financial Officer

Intellectual Property Manager

Strategy Consultant

Contract Administrator

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