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Confidentiality Acknowledgement for Malaysia

Confidentiality Acknowledgement Template for Malaysia

A Malaysian law-governed Confidentiality Acknowledgement is a unilateral document where the recipient formally acknowledges their obligations to maintain the confidentiality of sensitive information received from the disclosing party. This document, while simpler than a full non-disclosure agreement, establishes legally binding obligations under Malaysian law, incorporating requirements from the Personal Data Protection Act 2010 and relevant common law principles. It defines the scope of confidential information, outlines handling requirements, and specifies the duration of confidentiality obligations, providing a practical solution for protecting sensitive information in various business contexts.

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What is a Confidentiality Acknowledgement?

The Confidentiality Acknowledgement serves as a critical legal document in situations where one party needs to share sensitive information with another party in Malaysia. This document type is particularly useful in employment contexts, business negotiations, due diligence processes, and professional service engagements where a full non-disclosure agreement might be unnecessarily complex. It provides a streamlined yet legally robust way to protect confidential information, incorporating Malaysian legal requirements including those from the Personal Data Protection Act 2010 and common law principles. The document typically covers the nature of confidential information, handling requirements, duration of obligations, and consequences of breach, while being simpler and more focused than a bilateral confidentiality agreement.

What sections should be included in a Confidentiality Acknowledgement?

1. Parties: Identification of the party providing the confidential information (Discloser) and the party acknowledging the confidentiality obligations (Recipient)

2. Background: Brief context explaining why the Recipient is receiving confidential information and the purpose of the acknowledgement

3. Definitions: Definition of 'Confidential Information' and other key terms specific to the acknowledgement

4. Acknowledgement of Confidentiality: Core section where Recipient explicitly acknowledges the confidential nature of the information received/to be received

5. Confidentiality Obligations: Specific obligations regarding use, disclosure, and protection of the confidential information

6. Return or Destruction: Requirements for handling confidential information upon request or termination

7. Duration: Period for which the confidentiality obligations remain in effect

8. Governing Law: Specification of Malaysian law as the governing law

What sections are optional to include in a Confidentiality Acknowledgement?

1. Permitted Disclosures: Include when there are specific circumstances under which the Recipient may disclose the confidential information (e.g., to professional advisors, required by law)

2. Security Measures: Include when specific security protocols or measures are required for protecting the confidential information

3. Intellectual Property: Include when the confidential information includes or relates to intellectual property rights

4. Data Protection Compliance: Include when the confidential information includes personal data under the PDPA

5. Remedies: Include when specific remedies for breach need to be highlighted, such as injunctive relief

6. Notice Requirements: Include when specific notification procedures are required for permitted disclosures or breach incidents

What schedules should be included in a Confidentiality Acknowledgement?

1. Schedule 1 - Description of Confidential Information: Detailed list or description of the specific confidential information covered by the acknowledgement

2. Schedule 2 - Authorized Personnel: List of individuals authorized to receive and handle the confidential information, if applicable

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the confidential information, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions
















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Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

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Finance

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Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

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Project Manager

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Systems Administrator

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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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