License / Permit / Service Description
- Professional Non-Disclosure Agreement documentation and coordination support for individuals, businesses and organisations in Malaysia. We assist with collecting party information, organising proposed confidentiality requirements, coordinating supporting documents and liaising with an appointed legal professional where legal drafting or review is required.Our service is suitable for businesses sharing confidential information with employees, consultants, freelancers, vendors, investors or potential business partners. It may also support parties discussing a project, collaboration or commercial opportunity.Where included in the agreed scope, we can assist with coordinating signatures and stamp duty enquiries. Legal drafting, legal advice, stamp duty and third-party charges are separate unless expressly stated in the quotation.
Related Departments / Regulatory Bodies
- Parties entering into the NDA.
- Appointed advocate and solicitor or legal firm, where required.
- Inland Revenue Board of Malaysia (LHDN / HASiL), where stamp duty applies.
- Companies Commission of Malaysia (SSM), where company information is relevant.
- Personal Data Protection Department, where personal data requirements are relevant.
- Authorised signatories or company representatives.
- Other relevant authorities, depending on the arrangement.
License Name ( Bahasa Malayu )
- Perjanjian Kerahsiaan.
Application Scenarios & Business Necessity
- A company shares confidential information with a consultant or service provider.
- A business appoints a freelancer who will access client or project information.
- Two companies discuss a potential collaboration.
- A business shares product information with a manufacturer.
- A company provides pricing or supplier information to a vendor.
- An employer wishes to address confidentiality with an employee.
- A business shares financial information with a potential investor.
- Parties discuss a project involving confidential documents or data.
- A client needs an existing NDA reviewed by an appointed lawyer.
- Parties need assistance coordinating signatures or stamp duty enquiries.
Important Rules & Compliance Standards
- The parties and authorised signatories should be identified accurately.
- The purpose of disclosure and the information intended to be confidential should be clearly described.
- The NDA should address who may receive the information and how it may be used.
- Appropriate exclusions, including information already public or disclosure required by law, should be considered.
- The duration of confidentiality and treatment of information after the relationship ends should be reviewed.
- The agreement should address any permitted sharing with employees, advisers or service providers where relevant.
- Personal data obligations must be assessed separately where applicable.
- Legal drafting and advice should be handled by an appropriately qualified and authorised legal professional where required.
- The parties should read and understand the NDA before signing.
- Stamp duty treatment depends on the document’s contents and applicable law and should be checked for the specific case.
- Legal fees, stamp duty and third-party charges are separate unless stated in the quotation.
- An NDA does not guarantee that confidential information will never be disclosed.
Compound & Legal Penalties
- A confidentiality dispute may arise if the parties’ obligations are unclear.
- A breach may result in a civil claim or other remedies, depending on the agreement and applicable law.
- The affected party may seek damages or an injunction where available and appropriate.
- Separate regulatory consequences may apply if applicable personal data requirements are breached.
- Late stamping penalties may apply if stamp duty is required and the document is not stamped within the required period.
- Additional costs may arise from legal review, investigation or dispute resolution.
- Unauthorised provision of regulated legal services may result in action under applicable law.
- A breach of an NDA does not automatically result in a government compound. The consequences depend on the facts, agreement and applicable law.
Frequently Asked Question
An NDA is an agreement that records confidentiality obligations when information is shared for an agreed purpose.
A business may consider an NDA before sharing confidential information with an employee, consultant, freelancer, vendor, investor or potential business partner.
A unilateral NDA generally concerns information disclosed by one party, while a mutual NDA addresses confidential information disclosed by both parties.
Depending on its terms, it may cover customer information, pricing, business plans, financial details, product information or other confidential material.
No. It records obligations and may provide a basis for remedies, but it cannot guarantee that disclosure will never occur.
The duration depends on the agreement and circumstances. The parties should review the proposed period with their legal adviser.
Not automatically. Ownership or transfer of IP rights must be addressed separately in the appropriate documents.
No. Where personal data laws apply, the parties must comply with those obligations separately from the NDA.
Stamp duty treatment depends on the contents and category of the document. The requirement and applicable deadline should be checked with LHDN or a qualified adviser.
Yes. Conzlab can assist with collecting information, coordinating documents and liaising with an appointed legal professional within the agreed scope.
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