This Government Non Disclosure Agreement is essential for South African government entities when sharing sensitive or classified information with external parties. It is particularly relevant when government departments engage with private sector contractors, consultants, or other third parties who require access to protected state information. The document ensures compliance with South African legislation including the Protection of State Information Bill, POPIA, and PAIA, while incorporating necessary security protocols and classification levels as per the Minimum Information Security Standards (MISS). The agreement balances the need to protect state information with constitutional requirements for transparency and administrative justice.
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1. Parties: Identification of the government department/entity and the receiving party, including their legal authority to contract
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions including 'Confidential Information', 'State Information', 'Classified Information', and other key terms as per South African legislation
4. Purpose: Specific purpose for which confidential information will be shared
5. Scope of Confidential Information: Detailed description of what constitutes confidential information, including state secrets, classified information, and other sensitive data
6. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of information
7. Security Measures: Specific security protocols and measures required for handling government information
8. Permitted Disclosures: Circumstances under which disclosure is permitted, including legal requirements and government authorizations
9. Return or Destruction of Information: Procedures for returning or destroying confidential information upon request or termination
10. Duration and Survival: Term of the agreement and surviving obligations
11. Breach and Consequences: Consequences of breach, including criminal penalties under relevant legislation
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Information Security Standards: Detailed security standards when dealing with highly classified information
2. Personnel Screening: Requirements for security clearance of personnel handling confidential information
3. International Transfer Restrictions: Additional provisions when information might be transferred internationally
4. Electronic Information Handling: Specific provisions for digital information handling and cybersecurity
5. Audit Rights: Government's right to audit compliance with the agreement
6. Sub-contractor Obligations: Required when the receiving party needs to share information with approved sub-contractors
7. Public Interest Override: Provisions dealing with public interest disclosures as per PAIA requirements
1. Schedule A - Categories of Confidential Information: Detailed list of types and categories of confidential information covered
2. Schedule B - Security Protocols: Specific security measures and protocols to be followed
3. Schedule C - Authorized Personnel: List of authorized personnel who may access the confidential information
4. Schedule D - Information Handling Procedures: Detailed procedures for handling different classifications of information
5. Appendix 1 - Contact Details: Contact details for authorized representatives and security officers
6. Appendix 2 - Incident Reporting Forms: Standard forms for reporting security incidents or breaches
Relevant legal definitions
Agreement
Authorized Personnel
Classified Information
Confidential Information
Controlled Documents
Data Subject
Disclosing Party
Effective Date
Government Department
Information
Information Officer
Intellectual Property
National Security
Official Purposes
Personal Information
Processing
Protected Information
Public Domain
Receiving Party
Representatives
Security Clearance
Security Committee
Sensitive Information
State Information
State Institution
Top Secret Information
Secret Information
Confidential Information (Classification Level)
Restricted Information
Trade Secrets
Unauthorized Disclosure
Working Days
Authorized Personnel
Classified Information
Confidential Information
Controlled Documents
Data Subject
Disclosing Party
Effective Date
Government Department
Information
Information Officer
Intellectual Property
National Security
Official Purposes
Personal Information
Processing
Protected Information
Public Domain
Receiving Party
Representatives
Security Clearance
Security Committee
Sensitive Information
State Information
State Institution
Top Secret Information
Secret Information
Confidential Information (Classification Level)
Restricted Information
Trade Secrets
Unauthorized Disclosure
Working Days
Clauses
Parties
Recitals
Definitions
Purpose and Scope
Confidentiality Obligations
Security Classifications
Information Handling
Access Control
Data Protection
State Information Protection
Permitted Disclosures
Security Measures
Personnel Requirements
Duration and Survival
Return or Destruction of Information
Breach and Remedies
Criminal Sanctions
Audit Rights
Constitutional Compliance
Public Interest Provisions
Dispute Resolution
Force Majeure
Assignment
Severability
Notices
Entire Agreement
Amendment
Governing Law
Jurisdiction
Costs
Counterparts
Recitals
Definitions
Purpose and Scope
Confidentiality Obligations
Security Classifications
Information Handling
Access Control
Data Protection
State Information Protection
Permitted Disclosures
Security Measures
Personnel Requirements
Duration and Survival
Return or Destruction of Information
Breach and Remedies
Criminal Sanctions
Audit Rights
Constitutional Compliance
Public Interest Provisions
Dispute Resolution
Force Majeure
Assignment
Severability
Notices
Entire Agreement
Amendment
Governing Law
Jurisdiction
Costs
Counterparts
Relevant Industries
Public Administration
Defense and Security
Information Technology
Healthcare
Energy
Transportation
Financial Services
Education
Infrastructure
Telecommunications
Research and Development
Environmental Services
Relevant Teams
Legal
Compliance
Information Security
Risk Management
Government Relations
Procurement
Executive Leadership
Information Technology
Operations
Project Management
Administrative Services
Public Relations
Relevant Roles
Chief Information Officer
Security Officer
Compliance Manager
Legal Counsel
Government Affairs Director
Project Manager
Department Head
Chief Technology Officer
Risk Manager
Procurement Officer
Contract Manager
Information Security Manager
Public Sector Liaison Officer
Director General
Chief Financial Officer
External Consultant
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