This Non Disclosure Agreement Cost template is specifically designed for use in South African business contexts where parties need to share sensitive cost-related information, pricing structures, and financial data. The document is particularly relevant when businesses are engaging in supplier negotiations, joint ventures, potential mergers or acquisitions, or consulting arrangements where detailed cost information needs to be disclosed. It incorporates specific provisions required under South African law, including compliance with the Competition Act regarding pricing information sharing, POPIA for personal information protection, and common law principles protecting trade secrets. The agreement is structured to provide robust protection for cost-sensitive information while maintaining compliance with South African legal requirements and business practices.
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1. Parties: Identification of the disclosing and receiving parties, including registration details for companies or ID numbers for individuals
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Detailed definitions 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. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required security measures for protecting confidential information
8. Duration and Survival: Term of the agreement and survival of obligations after termination
9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions for POPIA compliance when personal information is involved
2. Third Party Disclosure: Additional provisions for when confidential information needs to be shared with third parties
3. Competitive Activity Restrictions: Non-compete provisions if relevant to the business relationship
4. Electronic Information Handling: Specific provisions for digital information and cybersecurity measures
5. International Transfer of Information: Requirements for cross-border transfer of confidential information
6. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
7. Force Majeure: Provisions for handling confidential information during extraordinary circumstances
1. Schedule A - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols to be followed
4. Schedule D - Approved Third Party Recipients: Pre-approved third parties who may receive the confidential information
5. Appendix 1 - Data Processing Terms: Specific terms for compliance with POPIA when processing personal information
Relevant legal definitions
Confidential Information
Cost Information
Pricing Structure
Financial Data
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Representatives
Authorized Purpose
Affiliate
Cost Models
Pricing Methodology
Margin Information
Business Plans
Financial Projections
Commercial Terms
Intellectual Property
Personal Information
Processing
Effective Date
Confidentiality Period
Permitted Recipients
Related Persons
Business Day
Material Breach
Competitive Information
Cost Analysis
Market Sensitive Information
Professional Advisers
Group Company
Controlled Persons
Tender Information
Cost Breakdown
Financial Records
Cost Information
Pricing Structure
Financial Data
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Representatives
Authorized Purpose
Affiliate
Cost Models
Pricing Methodology
Margin Information
Business Plans
Financial Projections
Commercial Terms
Intellectual Property
Personal Information
Processing
Effective Date
Confidentiality Period
Permitted Recipients
Related Persons
Business Day
Material Breach
Competitive Information
Cost Analysis
Market Sensitive Information
Professional Advisers
Group Company
Controlled Persons
Tender Information
Cost Breakdown
Financial Records
Clauses
Confidentiality
Non-Disclosure
Use Restriction
Information Protection
Data Security
Return of Information
Permitted Disclosures
Duration
Competition Law Compliance
Data Protection
Breach
Remedies
Non-Circumvention
Cost Information Handling
Information Marking
Representatives' Obligations
Third Party Disclosure
Survival
Jurisdiction
Dispute Resolution
Severability
Amendment
Assignment
Notices
Entire Agreement
Governing Law
Electronic Communications
Force Majeure
Indemnification
Termination
Non-Disclosure
Use Restriction
Information Protection
Data Security
Return of Information
Permitted Disclosures
Duration
Competition Law Compliance
Data Protection
Breach
Remedies
Non-Circumvention
Cost Information Handling
Information Marking
Representatives' Obligations
Third Party Disclosure
Survival
Jurisdiction
Dispute Resolution
Severability
Amendment
Assignment
Notices
Entire Agreement
Governing Law
Electronic Communications
Force Majeure
Indemnification
Termination
Relevant Industries
Manufacturing
Technology
Financial Services
Construction
Mining
Retail
Healthcare
Professional Services
Telecommunications
Energy
Logistics
Agriculture
Engineering
Consulting
Relevant Teams
Finance
Procurement
Legal
Commercial
Operations
Supply Chain
Business Development
Risk Management
Strategic Planning
Vendor Management
Contract Administration
Relevant Roles
Chief Financial Officer
Procurement Manager
Financial Controller
Cost Accountant
Business Development Manager
Commercial Director
Supply Chain Manager
Project Manager
Strategic Planning Director
Vendor Relations Manager
Contract Administrator
Finance Director
Operations Manager
Pricing Analyst
Risk Manager
Legal Counsel
Chief Executive Officer
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