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Confidentiality Agreement For Vendors

Confidentiality Agreement For Vendors Template for Malaysia

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Key Requirements PROMPT example:

Confidentiality Agreement For Vendors

"I need a Confidentiality Agreement For Vendors that will be used with our IT service providers who will have access to our customer database and internal systems; the agreement needs to be particularly strong on data protection and cybersecurity requirements under Malaysian law."

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Document background
The Confidentiality Agreement For Vendors is a critical legal document used when companies need to share sensitive or proprietary information with their vendors while ensuring proper protection under Malaysian law. This document is essential for businesses operating in Malaysia that engage external vendors, suppliers, or service providers who may need access to confidential business information, trade secrets, technical data, or other proprietary information. The agreement ensures compliance with Malaysian legislation, including the Contracts Act 1950 and Personal Data Protection Act 2010, while providing clear guidelines for information handling and establishing enforceable confidentiality obligations. It's particularly relevant in today's business environment where vendor relationships often require deep integration and information sharing, making robust confidentiality protection essential.
Suggested Sections

1. Parties: Identification of the disclosing party (company) and receiving party (vendor), including full legal names and registration details

2. Background: Context of the relationship between parties and purpose of sharing confidential information

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Representatives'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

8. Term and Survival: Duration of the agreement and which obligations survive termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to PDPA 2010

2. Intellectual Property Rights: Needed when confidential information includes or relates to IP rights

3. Export Control: Required for international vendors or when dealing with controlled technical data

4. Non-Solicitation: Optional clause preventing vendor from soliciting employees or customers

5. Competitive Activities: Required when vendor works with competitors or in competitive markets

6. Information Security Requirements: Needed for vendors handling sensitive digital information or accessing company systems

7. Audit Rights: Optional section allowing audit of vendor's compliance with confidentiality obligations

Suggested Schedules

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used

2. Schedule 2 - Categories of Confidential Information: Detailed list or categories of information considered confidential under the agreement

3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information

4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

5. Appendix A - Information Handling Procedures: Detailed procedures for handling, storing, and disposing of confidential 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

























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Industries

Contracts Act 1950: Forms the foundation for contract formation and enforcement in Malaysia, ensuring the agreement meets basic requirements of offer, acceptance, consideration, and intention to create legal relations

Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions and provides requirements for handling sensitive information

Electronic Commerce Act 2006: Validates electronic signatures and electronic documents, relevant if the NDA will be executed electronically

Evidence Act 1950: Governs the admissibility of evidence in legal proceedings, including documentary evidence and electronic records

Specific Relief Act 1950: Provides legal remedies including injunctive relief, which is crucial for enforcement of confidentiality obligations

Competition Act 2010: Ensures that confidentiality provisions do not constitute anti-competitive practices or restrict fair market competition

Common Law principles on Confidential Information: Malaysian courts follow common law principles regarding protection of confidential information and trade secrets

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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