Legal Templates
Non Disclosure Settlement Agreement

Non Disclosure Settlement Agreement for South Africa

Non Disclosure Settlement Agreement Template for South Africa

A comprehensive legal document governed by South African law that combines the elements of both a settlement agreement and a non-disclosure agreement. It serves to resolve disputes between parties while ensuring confidentiality of the settlement terms and related information. The document incorporates provisions compliant with South African legislation, including POPIA for data protection, and includes detailed terms for both the settlement of disputes and the ongoing obligations of confidentiality. It provides mechanisms for enforcement under South African jurisdiction and includes remedies for breach of either the settlement or confidentiality provisions.

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What is a Non Disclosure Settlement Agreement?

The Non Disclosure Settlement Agreement is a specialized legal instrument used in South African business and legal practice when parties wish to resolve a dispute while maintaining strict confidentiality about both the settlement terms and the underlying dispute. This document type is particularly relevant in situations involving sensitive commercial information, reputation management, or where public disclosure could harm either party's interests. The agreement must comply with South African contract law, the Protection of Personal Information Act (POPIA), and other relevant legislation. It typically includes detailed provisions for both the settlement terms and ongoing confidentiality obligations, making it suitable for complex commercial disputes, employment matters, or intellectual property conflicts where confidentiality is paramount.

What sections should be included in a Non Disclosure Settlement Agreement?

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the dispute and reasons for entering into the settlement agreement

3. Definitions: Definitions of key terms used throughout the agreement, including what constitutes confidential information

4. Settlement Terms: Clear outline of the settlement terms, including any payments, actions, or obligations

5. Confidentiality Obligations: Detailed provisions regarding the handling and protection of confidential information

6. Duration of Confidentiality: Period for which confidentiality obligations remain in force

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed

8. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends

9. Non-Admission of Liability: Statement that the settlement does not constitute admission of liability by any party

10. Release and Waiver: Mutual release of claims related to the settled dispute

11. Breach and Remedies: Consequences of breaching the agreement and available remedies

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

13. Signature: Execution clause and signature blocks

What sections are optional to include in a Non Disclosure Settlement Agreement?

1. Non-Disparagement: Mutual obligations not to make negative statements about other parties

2. Third Party Rights: Include when the agreement affects rights of parties not directly involved

3. Press Releases: Include when public announcements about the settlement need to be regulated

4. Competition Law Compliance: Include when settlement involves business competitors or market-sensitive information

5. Data Protection: Detailed POPIA compliance provisions when personal information is involved

6. Regulatory Reporting: Include when settlement must be reported to regulatory bodies

7. Insurance: Include when insurance companies are involved in the settlement

8. Tax Implications: Include when settlement involves significant financial terms with tax consequences

What schedules should be included in a Non Disclosure Settlement Agreement?

1. Schedule A - Confidential Information: Detailed list or categories of information deemed confidential

2. Schedule B - Settlement Payment Terms: Detailed payment schedule and methods if applicable

3. Schedule C - Authorized Recipients: List of individuals or entities authorized to receive confidential information

4. Schedule D - Dispute Background: Detailed description of the dispute being settled

5. Appendix 1 - Handling Procedures: Specific procedures for handling confidential information

6. Appendix 2 - Form of Release: Template for any required release documents

7. Appendix 3 - Required Notices: Templates for any notices required under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Disclosure Agreement

Sector

Legal Services

Cost

Free to use
Relevant legal definitions
Agreement
Affiliate
Authorized Representative
Business Day
Confidential Information
Dispute
Effective Date
Intellectual Property Rights
Losses
Material Breach
Parties
Personal Information
Permitted Purpose
Permitted Recipients
Professional Advisers
Related Persons
Representatives
Settlement Amount
Settlement Date
Settlement Payment
Settlement Terms
Signature Date
Trade Secrets
Unauthorized Disclosure
Governing Law
Jurisdiction
Breach
Claim
Disclosed Information
Disclosing Party
Receiving Party
Release
Settling Parties
Undertaking
Waiver
Relevant Industries

Financial Services

Technology

Healthcare

Manufacturing

Mining

Professional Services

Retail

Telecommunications

Energy

Construction

Education

Media and Entertainment

Agriculture

Transportation and Logistics

Relevant Teams

Legal

Compliance

Human Resources

Risk Management

Finance

Executive Leadership

Corporate Secretariat

Information Security

Corporate Communications

Operations

Relevant Roles

Legal Counsel

Chief Legal Officer

Compliance Officer

Chief Executive Officer

Human Resources Director

Risk Manager

Chief Financial Officer

Company Secretary

Commercial Director

Operations Director

Dispute Resolution Manager

Privacy Officer

Chief Information Officer

Business Development Director

Corporate Communications Manager

Industries
Protection of Personal Information Act 4 of 2013 (POPIA): Governs the processing and protection of personal information, including requirements for confidentiality and data protection measures
Common Law of Contract: Forms the basis of contract law in South Africa, governing the formation, interpretation, and enforcement of contracts, including requirements for valid contracts
Consumer Protection Act 68 of 2008: May be relevant if the settlement involves consumer rights or if one party is a consumer, particularly regarding fair contract terms
Promotion of Access to Information Act 2 of 2000 (PAIA): Relevant for determining what information can be legally withheld and the extent of confidentiality obligations
Electronic Communications and Transactions Act 25 of 2002: Important if the agreement will be executed electronically or if it involves digital information
Prescription Act 68 of 1969: Governs the time limits within which legal claims must be brought and settled
Constitution of South Africa: Fundamental law affecting all contracts, particularly regarding public policy and constitutional rights
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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