This Unilateral NDA template is designed for use under Malaysian law when one party needs to share confidential information with another while maintaining strict control over its use and dissemination. The document is particularly relevant for business negotiations, potential partnerships, vendor relationships, or consulting arrangements where sensitive information needs to be protected. It incorporates key provisions required under Malaysian contract law and common law principles, including specific confidentiality obligations, permitted uses, and enforcement mechanisms. The agreement addresses both local and international business requirements while ensuring compliance with Malaysian legal frameworks, including the Personal Data Protection Act 2010 where applicable.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers (if applicable), and registered addresses
2. Background: Brief context explaining the purpose of the NDA and the relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant defined 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 (e.g., to employees, professional advisors)
7. Security Measures: Specific measures required 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
1. Survival of Obligations: Used when certain obligations need to survive termination of the agreement
2. Non-Solicitation: Include when there's a risk of employee poaching or client solicitation
3. Data Protection Compliance: Required when confidential information includes personal data subject to PDPA 2010
4. Export Control: Necessary when confidential information may be subject to export control regulations
5. Publicity: Restrictions on public announcements about the relationship between parties
6. Assignment: Include when transfer of rights needs to be restricted or permitted
7. Entire Agreement: Used when previous discussions or agreements need to be superseded
8. Third Party Rights: Include when rights of third parties need to be addressed or excluded
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Categories of Confidential Information: Detailed list or categories of information considered confidential
3. Schedule 3 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols required for protecting confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives
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