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Client Disclosure Agreement

Client Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

Client Disclosure Agreement

"I need a Client Disclosure Agreement for my financial advisory firm based in Cape Town, compliant with FAIS and POPIA, that specifically addresses handling of client investment information and includes provisions for international data transfers as we have overseas investment partners."

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Document background
The Client Disclosure Agreement is a crucial document required for businesses operating in South Africa that collect and process client personal information. This agreement is designed to comply with the Protection of Personal Information Act (POPIA), the Financial Advisory and Intermediary Services (FAIS) Act, and other relevant South African legislation. It serves as a transparent communication tool between service providers and clients, detailing how personal information is collected, processed, stored, and protected. The agreement is particularly important in contexts where sensitive client information is handled, such as financial services, healthcare, or professional services. Organizations typically implement this agreement at the outset of a client relationship to ensure compliance with legal requirements and to establish clear expectations regarding information handling practices.
Suggested Sections

1. Parties: Identification of the service provider and the client, including registration numbers and contact details

2. Background: Context of the agreement and the nature of services being provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services provided and any limitations

5. Information Collection and Processing: Details of what personal information will be collected and how it will be processed, as required by POPIA

6. Use and Disclosure of Information: Explanation of how client information will be used and circumstances under which it may be disclosed

7. Data Protection Measures: Description of security measures implemented to protect client information

8. Client Rights: Outline of client's rights regarding their personal information and data

9. Confidentiality Obligations: Obligations regarding confidential information handling

10. Duration and Termination: Term of the agreement and termination provisions

11. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

Optional Sections

1. International Data Transfers: Required when client data may be transferred across borders

2. Special Personal Information: Required when collecting sensitive personal information as defined in POPIA

3. Direct Marketing Consent: Required if the client's information will be used for direct marketing purposes

4. Third-Party Service Providers: Required when external service providers will have access to client information

5. Electronic Communications: Required when communications will primarily be electronic

6. Financial Services Disclosures: Required for FAIS-regulated financial services providers

Suggested Schedules

1. Schedule 1: Data Processing Details: Detailed information about types of personal information collected and processing activities

2. Schedule 2: Security Measures: Technical and organizational measures implemented to protect client information

3. Schedule 3: Fee Schedule: If applicable, details of any fees charged for services

4. Appendix A: Privacy Policy: Detailed privacy policy referenced in the main agreement

5. Appendix B: Consent Forms: Standard consent forms for specific processing activities

6. Appendix C: Service Level Agreement: If applicable, detailed service levels and performance standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




































Clauses


































Relevant Industries

Financial Services

Healthcare

Professional Services

Legal Services

Insurance

Banking

Consulting

Real Estate

Technology Services

Education

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Client Relations

Operations

Data Protection

Information Security

Business Development

Account Management

Corporate Governance

Relevant Roles

Compliance Officer

Data Protection Officer

Legal Counsel

Privacy Manager

Risk Manager

Client Relations Manager

Information Officer

Operations Manager

Business Development Manager

Account Manager

Financial Advisor

Corporate Secretary

Chief Privacy Officer

Chief Compliance Officer

Chief Legal Officer

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

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