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Employer Non Disclosure Agreement Template for Malaysia

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Key Requirements PROMPT example:

Employer Non Disclosure Agreement

"I need an Employer Non Disclosure Agreement for my technology startup in Kuala Lumpur that handles sensitive customer data and proprietary AI algorithms, with specific provisions for remote workers and international data transfer."

Document background
In today's competitive business environment, companies need robust protection for their confidential information and trade secrets. This Employer Non Disclosure Agreement, governed by Malaysian law, is designed for use at the commencement of or during employment relationships where employees will have access to sensitive company information. It covers various types of confidential information including trade secrets, proprietary technology, customer data, business strategies, and intellectual property. The agreement ensures compliance with Malaysian legislation including the Employment Act 1955, Personal Data Protection Act 2010, and common law principles while providing employers with enforceable protections against unauthorized disclosure or use of confidential information by employees.
Suggested Sections

1. Parties: Identifies the employer and employee, including full legal names and addresses

2. Background: Sets out the context of the agreement and the employment relationship

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information

6. Security Measures: Specific measures the employee must take to protect confidential information

7. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination

8. Duration of Obligations: Specifies how long the confidentiality obligations remain in effect

9. Breach and Remedies: Consequences of breaching the agreement and available remedies

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Third Party Information: Additional provisions for handling confidential information belonging to clients, customers, or business partners

2. Intellectual Property Rights: Specific provisions regarding IP rights when the employee's role involves creation or handling of IP

3. Non-Competition: Restrictions on competing activities, if appropriate and enforceable under Malaysian law

4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the role

5. Data Protection Compliance: Specific obligations regarding personal data handling under PDPA

6. International Transfer of Information: Required for multinational companies or when information may be transferred overseas

7. Social Media and Digital Communications: Special provisions for handling confidential information in digital form and on social media

Suggested Schedules

1. Schedule 1: Categories of Confidential Information: Detailed list of specific types of confidential information covered

2. Schedule 2: Security Protocols: Detailed procedures for handling and protecting confidential information

3. Schedule 3: Approved Third Party Recipients: List of authorized third parties who may receive confidential information

4. Appendix A: Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information

5. Appendix B: Information Return Checklist: Checklist for returning or destroying confidential information upon termination

Authors

Alex Denne

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

Relevant legal definitions




















Clauses




















Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Telecommunications

Research and Development

Retail

Education

Energy

Biotechnology

Defense

Consulting

Relevant Teams

Human Resources

Legal

Information Technology

Research & Development

Finance

Operations

Sales

Marketing

Product Development

Customer Support

Quality Assurance

Administration

Executive Leadership

Manufacturing

Business Development

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Developer

Research Scientist

Financial Analyst

Human Resources Manager

Project Manager

Business Development Executive

Product Manager

Systems Administrator

Data Analyst

Marketing Manager

Operations Manager

Legal Counsel

Administrative Assistant

Sales Representative

Research Engineer

Manufacturing Supervisor

Quality Control Specialist

Customer Service Representative

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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