Proprietary Information Agreement for South Africa

Proprietary Information Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes confidentiality obligations between parties sharing proprietary or sensitive information. The document incorporates requirements from key South African legislation, including the Protection of Personal Information Act (POPIA), while providing robust protection for trade secrets, intellectual property, and other confidential business information. It sets out the terms for information sharing, permitted uses, security requirements, and consequences of breach, ensuring compliance with both local and international confidentiality standards.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Proprietary Information Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Proprietary Information Agreement?

The Proprietary Information Agreement is essential for businesses and individuals operating in South Africa who need to protect confidential information during business relationships, negotiations, or collaborations. This document type is particularly crucial given South Africa's robust legal framework for data protection, including POPIA compliance requirements and common law principles protecting confidential information. The agreement typically covers various types of proprietary information including trade secrets, technical data, business strategies, customer information, and intellectual property. It's commonly used in scenarios such as business negotiations, due diligence processes, contractor engagements, and potential partnerships, where sensitive information needs to be shared while maintaining legal protection under South African jurisdiction.

What sections should be included in a Proprietary Information Agreement?

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', and other relevant terms

4. Disclosure of Confidential Information: Scope and manner of information disclosure

5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the information

6. Protection of Confidential Information: Security measures required to protect the confidential information

7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

8. Duration and Termination: Term of the agreement and survival of obligations

9. Breach and Remedies: Consequences of breach and available remedies

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

What sections are optional to include in a Proprietary Information Agreement?

1. Permitted Disclosures: Used when certain categories of disclosure need to be explicitly permitted (e.g., to professional advisors or regulators)

2. Data Protection Compliance: Required when personal information under POPIA will be included in the confidential information

3. Intellectual Property Rights: Included when the confidential information includes IP that needs specific protection

4. Non-Solicitation: Added when there's a need to prevent poaching of employees or clients

5. Export Control: Required when confidential information may be subject to export control regulations

6. Competition Law Compliance: Needed when parties are competitors or when information sharing could raise competition law concerns

7. Publicity and Announcements: Included when there's a need to control public statements about the relationship

8. Force Majeure: Added when long-term obligations need protection against unforeseen events

What schedules should be included in a Proprietary Information Agreement?

1. Description of Confidential Information: Detailed list or categories of information covered by the agreement

2. Authorized Representatives: List of individuals authorized to receive or handle confidential information

3. Security Protocols: Specific security measures and procedures required for protecting the information

4. Approved Third Party Recipients: Pre-approved third parties who may receive the confidential information

5. Data Processing Terms: Detailed terms for processing personal information in compliance with POPIA

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

Jurisdiction

South Africa

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology and Software

Financial Services

Manufacturing

Healthcare

Professional Services

Research and Development

Mining and Resources

Telecommunications

Retail and Consumer Goods

Education

Biotechnology

Energy and Utilities

Legal Services

Media and Entertainment

Construction and Engineering

Relevant Teams

Legal

Compliance

Human Resources

Information Technology

Research and Development

Business Development

Executive Leadership

Procurement

Information Security

Risk Management

Operations

Finance

Corporate Development

Innovation

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Business Development Manager

Research Director

Project Manager

Human Resources Director

Chief Technology Officer

Chief Financial Officer

Procurement Manager

Investment Manager

Operations Director

Information Security Officer

Risk Manager

Commercial Director

Partnership Manager

Innovation Lead

Industries
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

Find the exact document you need

Agreement On Trade Related Intellectual Property Rights

A comprehensive agreement governing intellectual property rights protection and enforcement under South African law and international TRIPS standards.

find out more

IP Contract

A South African law-governed agreement for managing intellectual property rights transfer or licensing, compliant with local IP legislation and regulations.

find out more

IP Rights Contract

A South African law-governed agreement for the transfer or licensing of intellectual property rights, ensuring legal protection and compliance with local IP legislation.

find out more

Assignment On Intellectual Property Rights

A South African law-governed agreement for transferring intellectual property rights from one party to another, ensuring legal compliance and protection of transferred IP assets.

find out more

Property Rights Agreement

A legal agreement governing property rights and their transfer under South African law, detailing rights, obligations, and compliance requirements for all parties involved.

find out more

Patent Confidentiality Agreement

A South African law-governed agreement protecting confidential patent-related information between parties sharing sensitive intellectual property data.

find out more

IP Assignment Contract

A South African law-governed agreement for transferring intellectual property rights from an Assignor to an Assignee, ensuring complete and legally compliant IP ownership transfer.

find out more

Intellectual Property Release Agreement

A South African law-governed agreement facilitating the release and transfer of intellectual property rights between parties, covering various forms of IP including patents, copyrights, and trademarks.

find out more

IP License

South African-law governed agreement for licensing intellectual property rights, establishing terms for IP usage and commercialization.

find out more

Contract To Protect Intellectual Property

A South African law-governed agreement for protecting intellectual property rights, including patents, trademarks, copyrights, and trade secrets.

find out more

Trademark Assignment

A legal document governed by South African law that transfers all rights and ownership in a trademark from one party to another.

find out more

IP Assignment

A South African law-governed agreement for transferring intellectual property rights from one party to another, ensuring compliance with local IP legislation and registration requirements.

find out more

Joint Patent Ownership Agreement

A South African law-governed agreement establishing rights and obligations between joint patent owners, including ownership allocation, commercialization, and revenue sharing arrangements.

find out more

Copyright Exclusive License

A South African law-governed agreement granting exclusive rights to use and commercialize copyrighted works, subject to the Copyright Act 98 of 1978.

find out more

Trademark Licence Agreement

A South African law-governed agreement allowing the licensed use of trademarks, including terms for usage, quality control, and royalties.

find out more

Simple Intellectual Property Agreement

A South African law-governed agreement for managing intellectual property rights transfer, licensing, and protection between parties.

find out more

Joint Development Agreement Intellectual Property

A South African law-governed agreement structuring collaborative R&D activities and resulting IP rights between multiple parties.

find out more

Assignment And Transfer Of Copyright

A South African law-governed agreement that transfers complete copyright ownership from one party to another, including all associated rights and interests.

find out more

Trademark License Agreement Royalty Payment

A South African law-governed agreement establishing trademark licensing rights and royalty payment obligations between a trademark owner and licensee.

find out more

Consulting Agreement Intellectual Property

South African consulting agreement focusing on intellectual property rights, defining service terms and IP ownership under SA law.

find out more

Intellectual Property Lease Agreement

A South African law-governed agreement for leasing intellectual property rights, establishing terms for temporary IP transfer between owner and user.

find out more

Non Compete Intellectual Property Agreement

A South African law-governed agreement protecting intellectual property rights and implementing non-compete provisions, designed to safeguard business interests while ensuring legal compliance.

find out more

Option Agreement Intellectual Property

A South African-law governed agreement granting the right to acquire specified intellectual property rights under predetermined terms and conditions within a set timeframe.

find out more

Employee Confidentiality And Intellectual Property Agreement

A South African law-governed agreement protecting employer's confidential information and intellectual property rights in an employment relationship.

find out more

Assignment And License Of Patent

A South African law-governed agreement combining patent ownership transfer and licensing rights, structured under the Patents Act 57 of 1978.

find out more

Trademark Security Agreement

A South African law-governed agreement creating security interests over trademarks as collateral for financing arrangements.

find out more

Patent Co Ownership Agreement

A South African law-governed agreement establishing rights and responsibilities between co-owners of patents, including ownership, management, and commercialization terms.

find out more

Copyright Infringement Settlement Agreement

A South African law-governed agreement that resolves copyright infringement disputes between rights holders and alleged infringers, establishing settlement terms and future compliance requirements.

find out more

Royalty Agreement For Intellectual Property

A South African law-governed agreement establishing terms for IP licensing and royalty payments, including payment terms and compliance requirements.

find out more

Software Intellectual Property Rights Agreement

A South African law-governed agreement establishing ownership and usage rights for software intellectual property.

find out more

Simple IP Assignment Agreement

A legal document governed by South African law that transfers intellectual property rights from an Assignor to an Assignee, establishing terms and conditions for the permanent transfer of IP ownership.

find out more

Assignment And License Of Copyright

A South African law-governed agreement for transferring copyright ownership while establishing licensing arrangements for copyright works.

find out more

Trademark Usage Agreement

A South African law-governed agreement establishing terms for authorized trademark usage, including licensing conditions and quality control requirements.

find out more

Trade Secret License Agreement

A South African law-governed agreement for licensing confidential business information while maintaining its trade secret status and protecting the rights of both licensor and licensee.

find out more

Exclusive Copyright License Agreement

A South African law-governed agreement granting exclusive rights to use and commercialize copyrighted works, providing the licensee with sole exploitation rights while protecting the copyright owner's interests.

find out more

Software IP Transfer Agreement

A South African law-governed agreement for transferring complete intellectual property rights in software from one party to another, including all associated rights and obligations.

find out more

Patent Licence Agreement

A South African law-governed agreement establishing terms for licensing patent rights, including commercialization terms and royalty arrangements.

find out more

IP Agreement

A South African law-governed agreement for the transfer, licensing, or assignment of intellectual property rights, ensuring legal protection and commercial exploitation of IP assets.

find out more

Copyright Purchase Agreement

A South African law-governed agreement for the transfer of copyright ownership from one party to another, including terms of sale and ownership warranties.

find out more

Joint Trademark Ownership Agreement

A South African law-governed agreement establishing joint ownership rights and responsibilities for shared trademarks between multiple parties.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now