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Confidentiality Agreement Data Protection

Confidentiality Agreement Data Protection Template for Malaysia

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Key Requirements PROMPT example:

Confidentiality Agreement Data Protection

"I need a Confidentiality Agreement Data Protection for my healthcare technology company based in Kuala Lumpur, to be used with our external IT vendors who will have access to our patient data and proprietary software code starting March 2025."

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Document background
This Confidentiality Agreement Data Protection is designed for use in Malaysian business relationships where parties need to share both confidential business information and personal data. It is particularly relevant in scenarios involving data processing activities regulated under the Personal Data Protection Act 2010 (PDPA). The agreement should be used when organizations engage with external parties who will have access to sensitive information, ensuring compliance with Malaysian data protection laws while protecting proprietary business information. It includes specific provisions for data security measures, breach notification procedures, and cross-border data transfers where applicable. This document is essential for businesses operating in Malaysia that need to protect their confidential information while ensuring compliance with data protection regulations, particularly in industries handling sensitive personal data or subject to regulatory oversight.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including registration numbers and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Subject' and other relevant terms

4. Scope of Confidentiality: Description of what information is considered confidential and covered by the agreement

5. Data Protection Obligations: Specific obligations regarding personal data handling in compliance with PDPA 2010

6. Security Measures: Required technical and organizational measures to protect confidential information and personal data

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed

8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination

9. Duration and Survival: Term of the agreement and provisions that survive termination

10. Breach and Remedies: Consequences of breach and available remedies

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. International Transfer of Data: Required when confidential information or personal data may be transferred outside Malaysia

2. Data Breach Notification: Detailed procedures for handling and reporting data breaches, recommended for agreements involving sensitive data

3. Audit Rights: Rights to audit compliance with the agreement, useful for high-value or high-risk relationships

4. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk data handling

5. Sub-processor Requirements: Required when the receiving party may need to engage third parties to process the information

6. Industry-Specific Compliance: Additional requirements for regulated industries like healthcare or financial services

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement

2. Schedule 2 - Security Measures: Specific technical and organizational security measures required

3. Schedule 3 - Authorized Personnel: List of personnel authorized to access confidential information

4. Schedule 4 - Data Processing Activities: Description of permitted data processing activities and purposes

5. Appendix A - Data Breach Response Plan: Detailed procedures for responding to data breaches

6. Appendix B - Approved Sub-processors: List of approved third parties who may process the information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

































Clauses


























Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Education

Research & Development

Telecommunications

Retail

Energy

Government

Pharmaceuticals

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Risk Management

Operations

Human Resources

Procurement

Data Protection

Research & Development

Business Development

Corporate Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Information Security Manager

Operations Director

Project Manager

Procurement Manager

Business Development Manager

HR Director

Chief Technology Officer

Chief Operating Officer

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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