The Digital Non Disclosure Agreement is essential for modern business operations in Malaysia where confidential information is primarily shared and stored in digital format. This document is specifically designed to comply with Malaysian legislation, including the Contracts Act 1950, Electronic Commerce Act 2006, and Digital Signature Act 1997. It should be used when parties need to share sensitive digital information, intellectual property, trade secrets, or proprietary data through electronic means. The agreement incorporates specific provisions for digital security protocols, electronic signatures, and secure data transmission methods. It is particularly relevant for technology-driven transactions, digital transformation projects, and cross-border digital commerce involving Malaysian entities. The template addresses both traditional confidentiality requirements and modern digital security challenges while ensuring legal enforceability in Malaysian courts.
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1. Parties: Identification of the disclosing party and receiving party, including registration numbers for companies or IC numbers for individuals
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Authorized Purpose', 'Digital Format', and 'Security Standards'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations and permitted uses of confidential information
6. Digital Security Measures: Specific requirements for handling confidential information in digital format
7. Term and Termination: Duration of the agreement and termination provisions
8. Return or Destruction of Confidential Information: Obligations regarding digital and physical confidential information upon termination
9. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction
10. Digital Execution: Provisions for electronic signature and digital execution of the agreement
1. Permitted Disclosures: Additional section when the receiving party needs to share information with specific third parties like employees or professional advisors
2. Data Protection Compliance: Required when confidential information includes personal data under PDPA
3. Industry-Specific Provisions: Additional provisions for regulated industries (e.g., financial services, healthcare)
4. Cross-Border Transfers: Required when confidential information may be transmitted across borders
5. Audit Rights: Optional section giving disclosing party rights to audit receiving party's compliance
6. Insurance Requirements: Required for high-value or high-risk confidential information
7. Force Majeure: Optional clause for addressing cybersecurity incidents or digital system failures
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
2. Schedule 2 - Security Standards: Technical specifications for digital security measures and protocols
3. Schedule 3 - Data Handling Procedures: Specific procedures for handling, storing, and transmitting digital confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by authorized recipients
5. Appendix B - Digital Certification Requirements: Requirements for digital signatures and electronic verification methods
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
E-commerce
Telecommunications
Research and Development
Biotechnology
Education
Digital Media
Software Development
Cloud Services
Cybersecurity
Digital Banking
Relevant Teams
Legal
Information Technology
Compliance
Research and Development
Business Development
Information Security
Data Protection
Innovation
Corporate Strategy
Operations
Project Management
Procurement
Investment
Digital Transformation
Risk Management
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Information Officer
Legal Counsel
Compliance Officer
Project Manager
Business Development Manager
IT Security Manager
Data Protection Officer
Research Director
Innovation Manager
Systems Administrator
Technical Consultant
Product Manager
Strategic Partnership Manager
Investment Manager
Digital Transformation Lead
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