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Insurance Non Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

Insurance Non Disclosure Agreement

"I need an Insurance Non-Disclosure Agreement for use between our South African insurance company and a third-party claims administrator who will be processing sensitive policyholder data and actuarial information starting March 2025."

Document background
This Insurance Non Disclosure Agreement is designed for use in the South African insurance market where parties need to share sensitive information relating to insurance operations, products, or services. The document is particularly relevant when insurance companies, brokers, or service providers need to exchange confidential information such as customer data, pricing models, underwriting criteria, or proprietary methodologies. It ensures compliance with South African legislation including POPIA, the Insurance Act, and FAIS, while providing robust protection for sensitive insurance-related information. The agreement is essential for establishing confidentiality obligations in various insurance industry relationships, from preliminary discussions and due diligence to ongoing operational partnerships and service provider arrangements.
Suggested Sections

1. Parties: Identification of the contracting parties, including registration numbers and addresses

2. Background: Context of the agreement, nature of the insurance business relationship, and purpose of information sharing

3. Definitions: Detailed definitions including 'Confidential Information', 'Insurance Products', 'Personal Information', 'Trade Secrets', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the insurance context, including customer data, product information, and pricing structures

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Data Protection and POPIA Compliance: Specific provisions relating to personal information handling in accordance with POPIA requirements

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including regulatory requirements and legal obligations

8. Security Measures: Required security measures for protecting confidential information, both physical and digital

9. Return or Destruction of Information: Provisions for handling confidential information upon termination or request

10. Duration and Survival: Term of the agreement and surviving obligations

11. Breach and Remedies: Consequences of breach and available remedies, including specific insurance industry considerations

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

Optional Sections

1. Group Company Provisions: Additional provisions for when either party is part of a larger corporate group, allowing specified information sharing within the group

2. International Data Transfers: Provisions for cross-border data transfers when parties operate internationally

3. Broker/Intermediary Provisions: Specific provisions for when insurance brokers or intermediaries are involved

4. Intellectual Property Rights: Additional provisions protecting IP rights when proprietary insurance products or systems are involved

5. Regulatory Compliance: Specific provisions for compliance with additional regulatory requirements beyond standard insurance regulations

6. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances

7. Insurance-Specific Audit Rights: Provisions allowing audit of confidential information handling specific to insurance requirements

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed listing of specific types of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal information under POPIA

5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling different types of confidential information

6. Appendix B - Incident Response Plan: Procedures for handling and reporting confidentiality breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



















































Clauses




































Relevant Industries

Insurance

Financial Services

Healthcare

Banking

Professional Services

Technology

Risk Management

Consulting

Legal Services

Actuarial Services

Medical Services

Wealth Management

Asset Management

Regulatory Compliance

Information Technology

Relevant Teams

Legal

Compliance

Risk Management

Information Security

Operations

Underwriting

Claims Processing

Product Development

Sales

Business Development

Data Protection

Information Technology

Actuarial

Customer Service

Partnership Management

Relevant Roles

Insurance Underwriter

Chief Risk Officer

Compliance Manager

Legal Counsel

Insurance Broker

Claims Manager

Actuarial Manager

Data Protection Officer

Insurance Sales Director

Product Development Manager

Operations Director

Chief Information Security Officer

Insurance Administrator

Risk Assessment Manager

Business Development Manager

Partnership Manager

Insurance Technology Specialist

Regulatory Affairs Director

Chief Privacy Officer

Insurance Operations Manager

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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