This Electronic Non Disclosure Agreement is designed for use in South Africa when parties need to share confidential information through electronic means. It is particularly relevant in today's digital business environment where most communications and information sharing occur electronically. The agreement ensures compliance with South African legislation, including ECTA for electronic communications validity and POPIA for data protection. It covers various types of confidential information including trade secrets, intellectual property, personal information, technical data, and business strategies. The document is structured to be equally valid whether signed electronically or in hard copy, making it versatile for both local and remote execution scenarios.
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1. Parties: Identification of the disclosing and receiving parties, including registration numbers and addresses
2. Background: Purpose of the agreement and context of the relationship between parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Electronic Communications', 'Personal Information', and other relevant terms
4. Interpretation: Rules for interpreting the agreement, including electronic communications
5. Confidentiality Obligations: Core obligations regarding handling and protecting confidential information
6. Electronic Communications and Security: Specific provisions for handling confidential information in electronic form
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Data Protection: POPIA compliance requirements and data protection measures
9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information, including electronic records
10. Duration and Survival: Term of the agreement and surviving obligations
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
13. Electronic Signature: Provisions confirming validity of electronic signatures and execution
1. Intellectual Property: Additional provisions protecting IP rights when confidential information includes IP - used when IP forms significant part of disclosed information
2. Third Party Disclosure: Provisions for handling disclosure to authorized third parties - used when third party contractors or advisors need access
3. International Transfer: Provisions for cross-border transfer of confidential information - used when parties are in different jurisdictions
4. Specific Security Protocols: Detailed security requirements for specific types of sensitive information - used for highly sensitive or regulated information
5. Non-Solicitation: Prevents poaching of employees or clients - used when parties have access to personnel or client information
6. Competing Activities: Restrictions on competitive activities - used when confidential information could provide competitive advantage
1. Schedule 1 - Designated Representatives: List of authorized personnel who may access confidential information
2. Schedule 2 - Security Protocols: Specific technical and organizational security measures for electronic information
3. Schedule 3 - Types of Confidential Information: Detailed categorization of confidential information covered
4. Appendix A - Acknowledgment Form: Form for additional parties or representatives to acknowledge NDA obligations
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Electronic Communication
Data Message
Personal Information
Processing
Authorized Representative
Business Day
Disclosing Party
Receiving Party
Electronic Signature
Trade Secrets
Intellectual Property Rights
Group Companies
Representatives
Security Protocols
Advanced Electronic Signature
Information Officer
Operator
Data Subject
Permitted Purpose
Affiliate
Confidential Materials
Electronic Document
Information System
Digital Platform
Access Credentials
Effective Date
Destruction Certificate
Third Party
Professional Advisers
Electronic Communication
Data Message
Personal Information
Processing
Authorized Representative
Business Day
Disclosing Party
Receiving Party
Electronic Signature
Trade Secrets
Intellectual Property Rights
Group Companies
Representatives
Security Protocols
Advanced Electronic Signature
Information Officer
Operator
Data Subject
Permitted Purpose
Affiliate
Confidential Materials
Electronic Document
Information System
Digital Platform
Access Credentials
Effective Date
Destruction Certificate
Third Party
Professional Advisers
Clauses
Interpretation
Confidentiality Obligations
Electronic Communications
Data Protection
Security Measures
Permitted Use
Permitted Disclosure
Return or Destruction
Electronic Signatures
Breach
Duration
Survival
Warranties
Indemnification
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Severability
Variation
Costs
Notices
Entire Agreement
Third Party Rights
Relationship of Parties
Confidentiality Obligations
Electronic Communications
Data Protection
Security Measures
Permitted Use
Permitted Disclosure
Return or Destruction
Electronic Signatures
Breach
Duration
Survival
Warranties
Indemnification
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Severability
Variation
Costs
Notices
Entire Agreement
Third Party Rights
Relationship of Parties
Relevant Industries
Technology
Financial Services
Manufacturing
Professional Services
Healthcare
Mining
Telecommunications
Retail
Energy
Education
Research and Development
Construction
Media and Entertainment
Biotechnology
Real Estate
Relevant Teams
Legal
Information Technology
Human Resources
Executive Leadership
Research and Development
Business Development
Operations
Finance
Procurement
Information Security
Compliance
Risk Management
Innovation
Strategic Planning
Corporate Communications
Relevant Roles
Chief Executive Officer
Legal Counsel
Chief Technology Officer
Business Development Manager
Project Manager
Human Resources Director
Chief Financial Officer
Research Director
Procurement Manager
Operations Manager
Information Security Officer
Compliance Officer
Risk Manager
Innovation Director
Strategic Partnership Manager
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