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Digital Non Disclosure Agreement for Malaysia

Digital Non Disclosure Agreement Template for Malaysia

A comprehensive digital non-disclosure agreement template designed for use under Malaysian law, incorporating provisions from the Electronic Commerce Act 2006 and Digital Signature Act 1997. This agreement facilitates the secure sharing of confidential information in digital format, with specific provisions for electronic execution, digital security measures, and data protection compliance. It includes robust mechanisms for protecting trade secrets and proprietary information while ensuring enforceability under Malaysian jurisdiction, making it suitable for both domestic and international business relationships involving Malaysian entities.

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What is a Digital Non Disclosure Agreement?

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.

What sections should be included in a Digital Non Disclosure Agreement?

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

What sections are optional to include in a Digital Non Disclosure 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

What schedules should be included in a Digital Non Disclosure Agreement?

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

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






























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

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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