Assessment of Confidentiality Clauses in Contracts Governed by Malaysian Laws: Some Tricky Issues to Consider and Pitfalls to Avoid

This article is written to serve as a guide in relation to contracts governed by the laws of Malaysia which incorporate provisions pertaining to ‘confidentiality’. The nature and implication of this provision entails the consideration of legal issues which may run deeper than the perceived simplicity of the language in which the clause is worded where the true effect and implications may not be ‘prima facie’ obvious or apparent. The guidance given in this article is premised upon legal analysis arrived at by the author after deliberating upon the issues faced in the course of her work as an in-house Legal Counsel and the writer disclaims any and all legal liability for relying upon this advice. The writer advices that the opinion of independent legal counsel is to be sought for each unique and individual scenario.