COVID-19 vaccine: Malaysia risks agreement cancellation if confidentiality condition breached

KUALA LUMPUR: Malaysia may face the risk of getting its COVID-19 vaccine purchase and procurement agreement revoked, if the country is found to be in breach of the confidentiality requirements set by the vaccine manufacturer.

Explaining the matter, lawyer Wan Azmir Wan Majid said if the condition of confidentiality or ‘non-disclosure agreement (NDA) is a proposal from the vaccine manufacturer, the country has no choice but to comply with the condition.

He said in the event of a breach of the stipulated conditions, the defaulter may be subject to action and the principal agreement (vaccine purchase agreement) may be revoked.

“The NDA is a contract that contains the terms that bind a matter or deed a secret. The effect of confidentiality obligations will also be set out in the NDA.

"All terms will be written in the NDA (agreement) including the consequences of default to the NDA," he said when contacted by Bernama, yesterday.

He also did not rule out the possibility that the government may also face other risks, including being sued by the vaccine manufacturer if found to be in breach of the conditions.

Therefore, he advised it should be understood that there are matters that can be disclosed to the public and some that need to be kept confidential in accordance with the terms of the agreement that has been agreed by the two parties involved.

At the press conference on the development of COVID-19 vaccine acquisition in Putrajaya yesterday, Minister of Science, Technology and Innovation Khairy Jamaluddin said he was ready to brief the Public Accounts Committee (PAC) on the acquisition of COVID-19 vaccine including the cost in detail.

However, he stressed that the committee members must abide by the confidentiality requirements set by the vaccine manufacturer because Malaysia is subject to the confidentiality requirements set by the companies involved.

He said the condition of the confidentiality was made by the vaccine manufacturer, therefore if there is a breach of the condition it will affect the agreement with the company involved.

The issue regarding the acquisition of COVID-19 vaccine, also received public attention, especially among social media users who, among others, want the government to be more transparent by disclosing the vaccine acquisition agreement.

-- BERNAMA