The International Confidentiality Agreement is essential for businesses operating in or with South Africa that need to share sensitive information across international boundaries. This document type is particularly relevant in today's globalized business environment, where cross-border collaboration is common but must be balanced with data protection requirements. The agreement ensures compliance with South African law, including the Protection of Personal Information Act (POPIA), while providing robust protection for confidential information. It is commonly used in scenarios such as international joint ventures, cross-border service provisions, multinational corporate collaborations, and global consulting arrangements. The document includes comprehensive provisions for data protection, permitted uses, security measures, and breach remedies, making it suitable for various business relationships where proprietary or sensitive information needs protection.
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1. Parties: Identification of the disclosing and receiving parties, including their registered addresses and company details
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions of terms including 'Confidential Information', 'Authorized Purpose', 'Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Data Protection and Compliance: Compliance requirements with POPIA and other relevant data protection laws
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Duration and Survival: Term of the agreement and surviving obligations
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. Governing Law and Jurisdiction: Specification of South African law and jurisdiction provisions
13. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability
1. Cross-Border Data Transfers: Specific provisions for international transfer of data, required when confidential information will be transferred outside South Africa
2. Intellectual Property Rights: Specific provisions regarding IP ownership and licensing, needed when confidential information includes IP
3. Non-Competition: Restrictions on competitive activities, included when there's a specific business risk to be addressed
4. Non-Solicitation: Restrictions on soliciting employees or customers, included when relevant to the business relationship
5. Audit Rights: Rights to audit compliance with the agreement, included for high-risk or regulated information sharing
6. Insurance Requirements: Specific insurance obligations, included for high-value or high-risk information
7. Force Majeure: Provisions for unforeseen circumstances, included when long-term information sharing is contemplated
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Purpose: Detailed description of the permitted use of confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information
5. Schedule 5 - Data Processing Terms: Detailed terms for processing personal information in compliance with POPIA
6. Appendix A - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Representatives
Business Day
Commencement Date
Confidential Information
Data Subject
Disclosing Party
Effective Date
Group Companies
Information Officer
Intellectual Property Rights
Law
Notice
Operator
Party/Parties
Personal Information
Processing
Receiving Party
Representatives
Responsible Party
Security Measures
Special Personal Information
Subsidiary
Term
Third Party
Trade Secrets
Working Hours
Affiliate
Breach
Competent Authority
Confidentiality Period
Control
Cross-border Transfer
Damages
Designated Contact Person
Dispute
Force Majeure Event
Permitted Purpose
Professional Advisers
Related Persons
Relevant Authority
Required Disclosure
Sanctions
Security Breach
Termination Date
Authorized Purpose
Authorized Representatives
Business Day
Commencement Date
Confidential Information
Data Subject
Disclosing Party
Effective Date
Group Companies
Information Officer
Intellectual Property Rights
Law
Notice
Operator
Party/Parties
Personal Information
Processing
Receiving Party
Representatives
Responsible Party
Security Measures
Special Personal Information
Subsidiary
Term
Third Party
Trade Secrets
Working Hours
Affiliate
Breach
Competent Authority
Confidentiality Period
Control
Cross-border Transfer
Damages
Designated Contact Person
Dispute
Force Majeure Event
Permitted Purpose
Professional Advisers
Related Persons
Relevant Authority
Required Disclosure
Sanctions
Security Breach
Termination Date
Clauses
Interpretation
Definitions
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Data Protection
Cross-Border Transfers
Security Measures
Return or Destruction of Information
Term and Survival
Non-Disclosure
Intellectual Property
Breach and Remedies
Indemnification
Force Majeure
Governing Law
Dispute Resolution
Jurisdiction
Notices
Assignment
Severability
Entire Agreement
Amendment
Third Party Rights
Costs
Counterparts
Waiver
Good Faith
Relationship of Parties
Compliance with Laws
Information Security
Audit Rights
Warranties and Representations
Definitions
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Data Protection
Cross-Border Transfers
Security Measures
Return or Destruction of Information
Term and Survival
Non-Disclosure
Intellectual Property
Breach and Remedies
Indemnification
Force Majeure
Governing Law
Dispute Resolution
Jurisdiction
Notices
Assignment
Severability
Entire Agreement
Amendment
Third Party Rights
Costs
Counterparts
Waiver
Good Faith
Relationship of Parties
Compliance with Laws
Information Security
Audit Rights
Warranties and Representations
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Mining
Professional Services
Telecommunications
Research & Development
Energy
Retail
Agriculture
Pharmaceuticals
Education
Construction
Automotive
Relevant Teams
Legal
Compliance
Information Security
Risk Management
Business Development
Research and Development
Executive Leadership
Information Technology
Procurement
Corporate Affairs
Operations
Finance
Innovation
Strategic Partnerships
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Compliance Officer
Chief Information Security Officer
Data Protection Officer
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Contract Manager
Chief Operating Officer
Chief Financial Officer
Head of Procurement
Risk Manager
Information Security Manager
Corporate Secretary
Head of Innovation
Strategic Partnerships Director
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