This Non-Disclosure Non-Circumvention Agreement is essential for business relationships in South Africa where parties need to protect both confidential information and business opportunities. It is commonly used during business negotiations, joint ventures, potential investments, or any situation where sensitive information needs to be shared while ensuring business relationships are protected. The document complies with South African legislation, including the Protection of Personal Information Act and Competition Act, while incorporating common law principles on trade secrets. It's particularly relevant for international business dealings where South African companies or individuals are involved, providing clear governance under South African law and jurisdiction. The agreement typically includes detailed provisions for both confidentiality obligations and restrictions on circumventing business relationships, with specific enforcement mechanisms suitable for the South African legal context.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, registration numbers, and physical addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the business relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Circumvention'
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
5. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings or directly approaching disclosed contacts
6. Term and Survival: Duration of the agreement and which provisions survive termination
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
9. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Data Protection Compliance: Specific provisions addressing POPIA compliance when personal information is involved
2. Electronic Communications: Provisions regarding electronic transmission of confidential information and compliance with ECTA
3. Non-Solicitation: Additional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Publicity and Announcements: Restrictions on public statements about the relationship or agreement
5. Independent Contractor Relationship: Clarification that the agreement does not create any partnership or agency relationship
6. Assignment and Subcontracting: Provisions regarding the ability to transfer rights or obligations under the agreement
1. Schedule 1 - Confidential Information: Detailed description or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used
4. Schedule 4 - Security Measures: Specific security protocols and measures required for protecting confidential information
5. Schedule 5 - Protected Business Relationships: List of specific business relationships, contacts, or opportunities protected by non-circumvention provisions
Relevant legal definitions
Affiliate
Agreement
Authorised Purpose
Authorised Representative
Business Day
Business Opportunity
Circumvention
Confidential Information
Contact
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Non-Circumvention Period
Personal Information
Protected Business Relationship
Receiving Party
Representatives
Security Measures
Subsidiary
Trade Secrets
Transmission
Electronic Communication
Data Message
Permitted Recipients
Related Persons
Business Relationship
Proprietary Information
Confidentiality Period
Disclosed Contacts
Protected Transaction
Third Party
Working Hours
Agreement
Authorised Purpose
Authorised Representative
Business Day
Business Opportunity
Circumvention
Confidential Information
Contact
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Non-Circumvention Period
Personal Information
Protected Business Relationship
Receiving Party
Representatives
Security Measures
Subsidiary
Trade Secrets
Transmission
Electronic Communication
Data Message
Permitted Recipients
Related Persons
Business Relationship
Proprietary Information
Confidentiality Period
Disclosed Contacts
Protected Transaction
Third Party
Working Hours
Clauses
Confidentiality
Non-Circumvention
Non-Disclosure
Data Protection
Intellectual Property
Term and Duration
Breach
Remedies
Return of Information
Permitted Use
Security Measures
Electronic Communications
Representatives
Non-Solicitation
Warranties
Indemnification
Force Majeure
Governing Law
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Amendment
Costs
Good Faith
Interpretation
Third Party Rights
Waiver
Termination
Non-Circumvention
Non-Disclosure
Data Protection
Intellectual Property
Term and Duration
Breach
Remedies
Return of Information
Permitted Use
Security Measures
Electronic Communications
Representatives
Non-Solicitation
Warranties
Indemnification
Force Majeure
Governing Law
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Amendment
Costs
Good Faith
Interpretation
Third Party Rights
Waiver
Termination
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Financial Services
Real Estate
Mining and Resources
Healthcare
Telecommunications
Research and Development
Energy
Mergers and Acquisitions
International Trade
Consulting
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Sales
Operations
Finance
Strategic Planning
Procurement
Information Technology
Intellectual Property
Mergers and Acquisitions
International Business
Relevant Roles
Chief Executive Officer
Business Development Manager
Chief Financial Officer
Legal Counsel
Investment Manager
Project Manager
Research Director
Technology Officer
Operations Manager
Sales Director
Strategic Partnership Manager
Procurement Manager
Intellectual Property Manager
Commercial Director
Venture Capital Manager
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