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Non Disclosure Non Compete Agreement Template for Malaysia

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Key Requirements PROMPT example:

Non Disclosure Non Compete Agreement

"I need a Non-Disclosure Non-Compete Agreement for a senior software developer starting in January 2025, with special focus on protecting our AI technology and customer data, applying to Malaysia and Singapore regions for a 2-year restriction period."

Document background
This Non-Disclosure Non-Compete Agreement is designed for use in business relationships where protection of confidential information and prevention of competitive activities are essential under Malaysian law. It is commonly used when engaging employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat. The document incorporates provisions compliant with Malaysian legislation, including the Contracts Act 1950 and Competition Act 2010, ensuring reasonable scope and duration of restrictions. It covers detailed definitions of confidential information, specific non-compete obligations, geographical limitations, and duration of restrictions, while providing mechanisms for enforcement and remedies in case of breach.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Detailed definitions of key terms including Confidential Information, Competing Business, Territory, and Restricted Period

4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information

5. Non-Compete Obligations: Specific restrictions on competing activities, including scope, duration, and geographical limitations

6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

7. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Remedies: Available remedies in case of breach, including injunctive relief and damages

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

Optional Sections

1. Permitted Disclosures: Specific circumstances where disclosure is permitted, such as to professional advisors or by court order

2. Assignment and Succession: Include when there's a possibility of corporate restructuring or transfer of rights

3. Survival Clause: Specific provisions that continue after termination, recommended for long-term protection

4. Garden Leave: Include for employment-related agreements where paid non-compete period is contemplated

5. Independent Contractor Status: Include when the agreement is with contractors rather than employees

6. Intellectual Property Rights: Include when confidential information includes or relates to IP rights

7. Data Protection: Include when personal data processing is involved

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential

2. Schedule 2 - Restricted Business Activities: Specific description of prohibited competing activities

3. Schedule 3 - Territory: Detailed definition of geographical areas where restrictions apply

4. Schedule 4 - Restricted Customers/Suppliers: List of specific customers or suppliers covered by non-solicitation provisions

5. Schedule 5 - Consideration: Details of any consideration provided for non-compete obligations

Authors

Alex Denne

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

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Relevant Industries

Technology

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Relevant Teams

Legal

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Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

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Product Manager

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Project Manager

Department Head

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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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