This Financial Information NDA is essential for situations where parties need to share sensitive financial data while ensuring legal protection under South African law. The document is specifically designed for scenarios involving the disclosure of confidential financial information such as financial statements, investment data, trading information, pricing models, or other sensitive financial data. It is particularly relevant in contexts such as mergers and acquisitions, investment discussions, auditing processes, or financial advisory services. The agreement ensures compliance with South African regulations including POPIA, FICA, and financial sector regulations, while providing comprehensive protection for confidential financial information. This NDA Financial Information template includes specific provisions for data protection, regulatory compliance, and security measures tailored to the South African legal framework.
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1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses
2. Background: Context of the agreement and the purpose for sharing financial information
3. Definitions: Detailed definitions including 'Confidential Information', 'Financial Information', 'Authorized Representatives', and other key terms
4. Scope of Confidential Information: Specific description of the financial information covered, including derived information and analyses
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of the financial information
6. Permitted Disclosures: Circumstances under which disclosure is permitted, including to advisors, regulators, and as required by law
7. Data Protection Compliance: Specific obligations relating to POPIA compliance and data protection measures
8. Security Measures: Required technical and organizational measures to protect the confidential information
9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination
10. Duration and Survival: Term of the agreement and survival of obligations post-termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Cross-Border Transfers: Required when financial information may be transferred outside South Africa, addressing POPIA requirements for cross-border transfers
2. Regulatory Compliance: Additional section when parties are regulated financial institutions, addressing specific regulatory requirements
3. Audit Rights: Optional section granting rights to audit compliance with the NDA, typically included for highly sensitive financial information
4. Insurance Requirements: Required when handling particularly sensitive financial information requiring specific insurance coverage
5. Information Security Standards: Detailed security requirements section, necessary when dealing with digital financial information or large datasets
6. Competition Law Compliance: Required when sharing financial information between competitors or in M&A contexts
7. Force Majeure: Optional clause addressing inability to protect information due to extraordinary circumstances
1. Schedule 1 - Specified Financial Information: Detailed list of specific financial information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Appendix A - Data Processing Terms: POPIA-compliant data processing terms when applicable
5. Appendix B - Information Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
Relevant legal definitions
Confidential Information
Financial Information
Proprietary Information
Personal Information
Trade Secrets
Authorized Representatives
Affiliate
Business Day
Confidentiality Period
Derived Information
Disclosing Party
Receiving Party
Effective Date
Financial Data
Group Company
Material Non-Public Information
Permitted Purpose
Professional Advisers
Representatives
Security Measures
Special Personal Information
Suspicious Transactions
Technical Information
Third Party
Associated Companies
Regulatory Authority
Competent Authority
Data Subject
Financial Records
Inside Information
Investment Information
Market Sensitive Information
Operator
Processing
Record
Related Persons
Trade Data
Unauthorized Access
Financial Models
Price Sensitive Information
Commercially Sensitive Information
Accounting Records
Business Information
Compliance Requirements
Data Protection Laws
Financial Analysis
Information Security Standards
Permitted Disclosures
Regulatory Requirements
Security Breach
Financial Information
Proprietary Information
Personal Information
Trade Secrets
Authorized Representatives
Affiliate
Business Day
Confidentiality Period
Derived Information
Disclosing Party
Receiving Party
Effective Date
Financial Data
Group Company
Material Non-Public Information
Permitted Purpose
Professional Advisers
Representatives
Security Measures
Special Personal Information
Suspicious Transactions
Technical Information
Third Party
Associated Companies
Regulatory Authority
Competent Authority
Data Subject
Financial Records
Inside Information
Investment Information
Market Sensitive Information
Operator
Processing
Record
Related Persons
Trade Data
Unauthorized Access
Financial Models
Price Sensitive Information
Commercially Sensitive Information
Accounting Records
Business Information
Compliance Requirements
Data Protection Laws
Financial Analysis
Information Security Standards
Permitted Disclosures
Regulatory Requirements
Security Breach
Clauses
Confidentiality
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Regulatory Compliance
Breach Notification
Indemnification
Dispute Resolution
Governing Law
Duration
Survival
Permitted Disclosure
Third Party Rights
Notice Requirements
Assignment
Severability
Force Majeure
Entire Agreement
Amendment
Waiver
Counterparts
Electronic Signatures
Costs
Good Faith
Termination
Remedies
Non-Circumvention
Representation and Warranties
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Regulatory Compliance
Breach Notification
Indemnification
Dispute Resolution
Governing Law
Duration
Survival
Permitted Disclosure
Third Party Rights
Notice Requirements
Assignment
Severability
Force Majeure
Entire Agreement
Amendment
Waiver
Counterparts
Electronic Signatures
Costs
Good Faith
Termination
Remedies
Non-Circumvention
Representation and Warranties
Relevant Industries
Financial Services
Banking
Insurance
Investment Management
Private Equity
Professional Services
Corporate Finance
Fintech
Wealth Management
Asset Management
Accounting
Risk Management
Capital Markets
Mergers & Acquisitions
Relevant Teams
Finance
Legal
Compliance
Risk Management
Treasury
Investment
Corporate Development
Mergers & Acquisitions
Financial Planning & Analysis
Audit
Corporate Finance
Due Diligence
Deal Advisory
Investment Banking
Portfolio Management
Relevant Roles
Chief Financial Officer
Financial Director
Investment Manager
Financial Controller
Compliance Officer
Risk Manager
Investment Analyst
Financial Analyst
Corporate Treasurer
Audit Manager
Investment Banker
Financial Advisor
Portfolio Manager
Private Equity Manager
Corporate Finance Manager
Due Diligence Specialist
Financial Planning Manager
Mergers & Acquisitions Director
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