This Non Disclosure Agreement Form is essential for businesses and individuals operating in South Africa who need to protect confidential information during business discussions, negotiations, or ongoing business relationships. The document is structured to comply with South African legislation, particularly the Protection of Personal Information Act (POPIA), the Electronic Communications and Transactions Act, and common law principles regarding trade secrets. It's commonly used before sharing sensitive business information, during due diligence processes, in employment contexts, or when engaging with contractors and service providers. The agreement includes specific provisions for data protection, permitted uses of confidential information, and enforcement mechanisms under South African law.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers for companies, and physical addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Purpose', 'Representatives', and other key terms used in the agreement
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, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Data Protection: Specific provisions relating to POPIA compliance and personal information protection
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of 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, entire agreement, and amendment provisions
1. International Transfer of Information: Required when confidential information will be transferred across borders, addressing compliance with international data protection laws
2. Intellectual Property Rights: Added when confidential information includes IP that needs specific protection measures
3. Non-Solicitation: Optional clause preventing parties from soliciting each other's employees or clients
4. Competing Activities: Optional restrictions on competitive activities during the confidentiality period
5. Force Majeure: Added when parties want to address circumstances beyond their control affecting confidentiality obligations
6. Alternative Dispute Resolution: Optional provisions for mediation or arbitration before court proceedings
7. Publicity and Announcements: Added when parties need to control public statements about their relationship
1. Schedule A - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Measures: Specific security protocols and measures required for protecting confidential information
4. Schedule D - Approved Purpose: Detailed description of the specific purpose(s) for which confidential information may be used
5. Appendix 1 - Data Processing Terms: Specific terms relating to the processing of personal information under POPIA
Relevant legal definitions
Affiliate
Agreement
Authorized Purpose
Authorized Representatives
Business Day
Commencement Date
Confidential Information
Disclosing Party
Effective Date
Group Companies
Information Officer
Intellectual Property Rights
Notice
Operator
Party/Parties
Personal Information
Processing
Receiving Party
Representatives
Security Measures
Signature Date
Special Personal Information
Subsidiary
Term
Third Party
Trade Secrets
Agreement
Authorized Purpose
Authorized Representatives
Business Day
Commencement Date
Confidential Information
Disclosing Party
Effective Date
Group Companies
Information Officer
Intellectual Property Rights
Notice
Operator
Party/Parties
Personal Information
Processing
Receiving Party
Representatives
Security Measures
Signature Date
Special Personal Information
Subsidiary
Term
Third Party
Trade Secrets
Clauses
Confidentiality Obligations
Data Protection
Term and Duration
Permitted Use
Disclosure Restrictions
Return of Information
Intellectual Property
Breach and Remedies
Governing Law
Jurisdiction
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Amendment
Representatives and Authority
Survival
Force Majeure
Data Security
Third Party Rights
Costs
Relationship of Parties
Counterparts
Waiver
Data Protection
Term and Duration
Permitted Use
Disclosure Restrictions
Return of Information
Intellectual Property
Breach and Remedies
Governing Law
Jurisdiction
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Amendment
Representatives and Authority
Survival
Force Majeure
Data Security
Third Party Rights
Costs
Relationship of Parties
Counterparts
Waiver
Relevant Industries
Technology
Financial Services
Manufacturing
Healthcare
Professional Services
Research and Development
Real Estate
Mining and Resources
Retail
Education
Telecommunications
Legal Services
Biotechnology
Energy
Media and Entertainment
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Compliance
Risk Management
Corporate Affairs
Project Management
Investment
Relevant Roles
Chief Executive Officer
Legal Counsel
Human Resources Manager
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Procurement Manager
Operations Manager
Investment Manager
Company Secretary
Risk Manager
Compliance Officer
Department Head
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