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Non Disclosure Agreement For Resigned Employee
"I need a Non-Disclosure Agreement For Resigned Employee under Malaysian law for our senior software developer who is leaving in March 2025, with specific provisions for protecting our proprietary source code, technical documentation, and development methodologies."
1. Parties: Identification of the employer company and the resigned employee
2. Background: Brief context of the employment relationship, resignation, and need for continued confidentiality
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Company Property'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Return of Company Property: Requirements for returning all company property, documents, and materials containing confidential information
7. Duration of Obligations: Timeframe for which the confidentiality obligations remain in effect
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements, court orders)
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Non-Competition: Additional restrictions on competing activities, if applicable and reasonable under Malaysian law
2. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers, if relevant to the position
3. Intellectual Property Rights: Specific provisions regarding IP rights if the employee was involved in creative or innovative work
4. Industry-Specific Obligations: Additional obligations required for specific industries (e.g., financial services, healthcare)
5. International Considerations: Additional provisions for employees who worked across multiple jurisdictions
6. Data Protection Obligations: Specific obligations regarding personal data protection under PDPA if the employee had access to personal data
7. Survival of Other Agreements: Reference to other agreements that remain in force post-employment
1. Schedule 1 - List of Confidential Information: Detailed categorization of confidential information covered by the agreement
2. Schedule 2 - Company Property to be Returned: Comprehensive list of physical and digital company property to be returned
3. Schedule 3 - Acknowledgment of Return: Form for acknowledging the return of all company property and information
4. Schedule 4 - Specific Projects or Clients: List of specific projects or clients whose information requires particular confidentiality
5. Appendix A - Exit Interview Checklist: Checklist confirming discussion and understanding of confidentiality obligations
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Chief Executive Officer
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Research Scientist
Product Manager
Sales Director
Financial Controller
Human Resources Manager
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Project Manager
Data Analyst
Marketing Director
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System Administrator
Account Manager
Department Head
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Executive Assistant
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