This Unilateral Non Disclosure Agreement is designed for use in situations where one party needs to share confidential information with another party while maintaining control over that information's use and disclosure. It is particularly suited for business contexts in South Africa where protection of proprietary information, trade secrets, and personal information is critical. The document incorporates requirements from South African legislation, including POPIA, the Electronic Communications and Transactions Act, and common law principles governing confidential information. It can be used in various scenarios such as business negotiations, potential partnerships, service provider engagements, or investment discussions where unilateral information sharing is required. The agreement provides comprehensive protection while remaining compliant with South African legal requirements and business practices.
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1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names, registration numbers if applicable, and physical addresses
2. Background: Brief context explaining the purpose of the NDA and the relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations of the Receiving Party, including non-disclosure and non-use provisions
6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose confidential information, including to employees and professional advisors
7. Security Measures: Specific measures the Receiving Party must implement to protect confidential information
8. Term and Survival: Duration of the agreement and which obligations 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 boilerplate clauses including governing law, jurisdiction, entire agreement, and variation
1. Personal Information Protection: Additional provisions for POPIA compliance when personal information is involved
2. Intellectual Property Rights: Specific provisions clarifying ownership and protection of IP rights when technical or proprietary information is involved
3. Export Control: Include when confidential information may be subject to export control regulations
4. Data Privacy and Security: Enhanced data protection provisions for digital information or when dealing with sensitive electronic data
5. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business context
6. Monitoring and Audit Rights: Rights of the Disclosing Party to audit compliance, particularly relevant for high-value or sensitive information
7. Force Majeure: Include when external events might affect ability to protect information
8. Insurance Requirements: Include when value of confidential information warrants specific insurance coverage
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Approved Security Measures: Specific technical and organizational measures required for protecting the confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Appendix A - Data Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Personal Information
Representatives
Permitted Purpose
Affiliate
Agreement
Business Day
Commencement Date
Confidentiality Period
Disclosing Group
Effective Date
Electronic Communications
Information Officer
Intellectual Property Rights
Notice
Operator
Parties
Processing
Professional Advisers
Responsible Party
Security Measures
Signature Date
Trade Secrets
Unauthorized Person
Working Hours
Disclosing Party
Receiving Party
Personal Information
Representatives
Permitted Purpose
Affiliate
Agreement
Business Day
Commencement Date
Confidentiality Period
Disclosing Group
Effective Date
Electronic Communications
Information Officer
Intellectual Property Rights
Notice
Operator
Parties
Processing
Professional Advisers
Responsible Party
Security Measures
Signature Date
Trade Secrets
Unauthorized Person
Working Hours
Clauses
Interpretation
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Data Protection
Security Measures
Duration
Return or Destruction of Information
Intellectual Property
Breach
Remedies
Indemnification
Warranties
Force Majeure
Severability
Assignment
Notices
Governing Law
Jurisdiction
Costs
Entire Agreement
Variation
Waiver
Electronic Communications
Counterparts
Survival
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Data Protection
Security Measures
Duration
Return or Destruction of Information
Intellectual Property
Breach
Remedies
Indemnification
Warranties
Force Majeure
Severability
Assignment
Notices
Governing Law
Jurisdiction
Costs
Entire Agreement
Variation
Waiver
Electronic Communications
Counterparts
Survival
Relevant Industries
Technology and Software
Manufacturing
Financial Services
Healthcare
Professional Services
Research and Development
Mining and Resources
Retail and Consumer Goods
Telecommunications
Energy and Utilities
Biotechnology
Real Estate
Education
Media and Entertainment
Agriculture
Relevant Teams
Legal
Compliance
Business Development
Research and Development
Human Resources
Procurement
Information Technology
Finance
Operations
Risk Management
Corporate Development
Intellectual Property
Information Security
Strategic Planning
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Investment Manager
Research Director
Project Manager
Procurement Manager
Human Resources Director
Chief Technology Officer
Innovation Manager
Operations Manager
Contract Manager
Chief Financial Officer
Compliance Officer
Risk Manager
Intellectual Property Manager
Corporate Development Director
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