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Non Disclosure Contract

Non Disclosure Contract Template for South Africa

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Key Requirements PROMPT example:

Non Disclosure Contract

"I need a Non Disclosure Contract for a potential partnership between my South African tech company and a foreign investor, covering software source code and trade secrets, to be effective from March 2025."

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Document background
The Non-Disclosure Contract serves as a crucial legal instrument in South African business operations where confidential information needs to be protected during various business interactions. It is essential when parties need to share sensitive information such as trade secrets, proprietary technology, customer data, or business strategies. The document ensures compliance with South African legal requirements, particularly the Protection of Personal Information Act (POPIA) and common law principles governing confidential information. This agreement is commonly used in business negotiations, employment relationships, contractor engagements, and potential business partnerships, providing legal recourse under South African jurisdiction in case of unauthorized disclosure or misuse of confidential information.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registration/ID numbers and addresses

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

3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Purpose', 'Representatives', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding use, protection, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Security Measures: Required security measures for protecting confidential information, including compliance with POPIA

8. Duration and Survival: Term of the agreement and survival of obligations after termination

9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

1. Third Party Information: Additional provisions for handling confidential information belonging to third parties

2. Personal Information Protection: Specific provisions for compliance with POPIA when personal information is involved

3. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP

4. Export Control: Provisions for international transfer of confidential information

5. Data Privacy Compliance: Detailed compliance requirements when dealing with personal data under POPIA

6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws

7. Force Majeure: Provisions for handling confidentiality obligations during unexpected events

8. Insurance Requirements: Obligations to maintain specific insurance coverage for confidential information

9. Audit Rights: Rights to audit compliance with confidentiality obligations

Suggested Schedules

1. Schedule A - Designated Representatives: List of authorized representatives who may access confidential information

2. Schedule B - Types of Confidential Information: Detailed categorization of confidential information covered

3. Schedule C - Security Protocols: Specific security measures and protocols to be followed

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

5. Appendix 1 - Data Processing Terms: Specific terms for processing personal information under POPIA

6. Appendix 2 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

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

Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Research and Development

Retail

Mining

Energy

Telecommunications

Education

Biotechnology

Real Estate

Construction

Legal Services

Media and Entertainment

Automotive

Agriculture

Pharmaceutical

Relevant Teams

Legal

Human Resources

Executive Leadership

Information Technology

Research and Development

Business Development

Procurement

Finance

Operations

Sales

Information Security

Compliance

Risk Management

Product Development

Innovation

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Human Resources Director

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Procurement Manager

Investment Manager

Operations Director

Contract Manager

Information Security Officer

Chief Financial Officer

Sales Director

Product Manager

Innovation Manager

Compliance Officer

Risk 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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