Employee Non-Disclosure Agreement Template Malaysia

This Employee Non-Disclosure Agreement (NDA) template is designed for use in Malaysia. It serves as a legal contract between an employer and an employee, ensuring that sensitive information disclosed during employment remains confidential.

1. Introduction

An NDA is essential for protecting proprietary information and maintaining confidentiality. This template outlines the fundamental clauses necessary to create a comprehensive NDA tailored to the Malaysian legal context.

2. Definitions

Confidential Information: Includes but is not limited to business strategies, financial data, client information, proprietary technology, trade secrets, and any other sensitive information disclosed by the employer.

Employee: An individual who is employed or will be employed by the company.

Employer: The company or individual engaging the employee.

3. Obligations of the Employee

Confidentiality: The employee agrees to maintain the confidentiality of all sensitive information and not to disclose it to any third party without prior written consent from the employer.

Use of Information: The employee agrees to use confidential information solely for the purpose of performing their duties and responsibilities within the company.

Return of Materials: Upon termination of employment or upon request by the employer, the employee must return all materials containing confidential information.

4. Exceptions to Confidentiality

Confidential information does not include information that:

• Was publicly known at the time of disclosure or becomes publicly known through no fault of the employee.
• Was known to the employee prior to disclosure by the employer.
• Is disclosed with the written consent of the employer.
• Is required to be disclosed by law or a court order.

5. Duration

The obligations of confidentiality will remain in effect for a period of [X] years after the termination of employment, unless a longer period is stipulated by law or agreed upon by both parties.

6. Consequences of Breach

In the event of a breach of this agreement, the employer may seek legal remedies, including but not limited to injunctions, damages, and any other relief available under Malaysian law.

7. Governing Law

This agreement shall be governed by and construed in accordance with the laws of Malaysia.

8. Miscellaneous

Entire Agreement: This agreement constitutes the entire understanding between the parties regarding confidentiality and supersedes all prior agreements or understandings.

Amendments: Any amendments or modifications to this agreement must be made in writing and signed by both parties.

Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9. Execution

By signing below, both parties acknowledge and agree to the terms and conditions of this NDA.

[Employer's Name]
Signature: __________________________
Date: __________________________

[Employee's Name]
Signature: __________________________
Date: __________________________