51Ƶ

Exclusivity And Confidentiality Agreement Template for South Africa

A comprehensive legal document governed by South African law that combines confidentiality obligations with exclusivity provisions. The agreement ensures the protection of confidential information while establishing exclusive business relationships between parties. It incorporates requirements under the Protection of Personal Information Act (POPIA) and Competition Act, providing mechanisms for information security, permitted disclosures, and remedies for breach. The document is structured to comply with South African common law principles regarding trade secrets and constitutional rights concerning freedom of trade.

Typically:
i
This cost is based on prices provided by
6 legal services in your market.
With Genie AI:

£0

i
Generate and export your first
document completely free.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Exclusivity And Confidentiality Agreement?

The Exclusivity And Confidentiality Agreement is essential for business relationships where parties need to both protect sensitive information and establish exclusive dealings. This document is particularly relevant under South African law, where it must comply with strict data protection requirements under POPIA and competition law considerations. It's commonly used in business negotiations, joint ventures, potential mergers or acquisitions, and strategic partnerships where parties need to share sensitive information while ensuring exclusivity in their business relationship. The agreement typically includes detailed provisions for handling confidential information, specific exclusivity terms, duration of obligations, and remedies for breach, all structured to align with South African legal requirements and business practices.

What sections should be included in a Exclusivity And Confidentiality Agreement?

1. Parties: Details of the parties entering into the agreement, including registration numbers and addresses

2. Background: Context of the agreement and the relationship between the parties

3. Definitions and Interpretation: Definitions of key terms including 'Confidential Information', 'Exclusivity Period', 'Permitted Purpose', etc.

4. Duration and Termination: Term of the agreement, including both exclusivity and confidentiality periods

5. Confidentiality Obligations: Core confidentiality provisions, including use restrictions and protection requirements

6. Exclusivity Obligations: Nature and scope of exclusivity, including restricted activities and territories

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed

8. Security Measures: Required procedures for protecting confidential information

9. Return or Destruction of Information: Obligations regarding confidential information upon termination

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

11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.

What sections are optional to include in a Exclusivity And Confidentiality Agreement?

1. Regulatory Compliance: Required when specific industry regulations apply to information handling

2. Data Protection: Detailed POPIA compliance provisions when personal information is involved

3. Non-Solicitation: Additional restrictions on approaching employees/clients, if relevant

4. Intellectual Property: IP provisions when confidential information includes IP rights

5. Audit Rights: Rights to audit compliance with security measures for high-sensitivity information

6. Insurance Requirements: Mandatory insurance coverage for high-value confidential information

7. Force Majeure: Required for long-term agreements or when handling sensitive data systems

What schedules should be included in a Exclusivity And Confidentiality Agreement?

1. Schedule 1: Confidential Information: Detailed description of information covered by the agreement

2. Schedule 2: Authorised Representatives: List of individuals authorized to receive/handle confidential information

3. Schedule 3: Security Protocols: Specific security measures and procedures to be followed

4. Schedule 4: Excluded Information: Information specifically excluded from confidentiality obligations

5. Schedule 5: Restricted Activities: Detailed list of activities covered by exclusivity provisions

6. Appendix A: Data Handling Procedures: Step-by-step procedures for handling confidential information

7. Appendix B: Incident Response Plan: Procedures for handling security breaches or unauthorized disclosures

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

Jurisdiction

South Africa

Publisher

Genie AI

Cost

Free to use

Find the exact document you need

Tv Show Non Disclosure Agreement

A South African law-governed NDA for protecting confidential information in television show production, compliant with local broadcasting and data protection regulations.

Download

Contract Disclosure Agreement

South African law-governed agreement establishing confidentiality obligations between parties sharing sensitive information.

Download

NDA In Project Management

South African Non-Disclosure Agreement for project management activities, ensuring confidentiality protection under SA law.

Download

Non Disclosure Agreement (Manufacturing)

South African manufacturing-specific NDA protecting confidential information in manufacturing processes and technical specifications under South African law.

Download

NDA Accounting

South African Non-Disclosure Agreement for accounting services, ensuring confidentiality of financial information under local laws and professional standards.

Download

Disclosure Agreement (Real Estate)

A South African legal document detailing property conditions and defects for real estate transactions, ensuring compliance with property law and consumer protection requirements.

Download

Confidentiality Agreement Between Two Individuals

A South African law-governed confidentiality agreement for protecting sensitive information shared between two individuals.

Download

Simple Mutual NDA

A mutual confidentiality agreement under South African law protecting bilateral information exchange between parties.

Download

Non Disclosure Agreement (Insurance)

South African insurance industry NDA compliant with POPIA and Insurance Act 18 of 2017, protecting confidential insurance-related information exchange.

Download

Short Form Non Disclosure Agreement

A concise Non-Disclosure Agreement under South African law, providing essential confidentiality protections while maintaining simplicity and legal compliance.

Download

Personal NDA

South African personal non-disclosure agreement for protecting confidential information between individuals, compliant with POPIA and local privacy laws.

Download

Non Disclosure Deed

A formal deed under South African law establishing binding confidentiality obligations and protection mechanisms for sensitive business information.

Download

Vendor NDA

South African law-governed non-disclosure agreement for protecting confidential information shared with vendors and service providers.

Download

Corporate Non Disclosure Agreement

South African law-governed confidentiality agreement for corporate entities sharing sensitive business information, compliant with POPIA and local regulations.

Download

NDA For Suppliers

South African supplier NDA compliant with POPIA and local laws, protecting confidential information in supplier relationships.

Download

Letter Of Non Disclosure Agreement

A South African letter-format NDA establishing confidentiality obligations between parties, combining business letter format with legal protections under SA law.

Download

NDA For Interns

South African non-disclosure agreement for interns, protecting company confidential information while complying with local employment and privacy laws.

Download

Technology NDA

A South African technology-focused non-disclosure agreement protecting technical data and intellectual property, compliant with POPIA and local legislation.

Download

Product Confidentiality Agreement

South African law-governed agreement protecting confidential product information between parties, ensuring compliance with local data protection and trade secret regulations.

Download

Non Disclosure Agreement Price

A South African law-governed NDA specifically focused on protecting confidential pricing information and pricing strategies.

Download

Non Competition Non Solicitation And Confidentiality Agreement

A South African law-governed agreement combining non-compete, non-solicitation, and confidentiality provisions to protect business interests while ensuring compliance with local legislation.

Download

NDA For Software Development

South African law-compliant NDA for protecting confidential information in software development projects, including source code and technical specifications.

Download

NDA For Due Diligence

South African Non-Disclosure Agreement tailored for due diligence processes, compliant with POPIA and local corporate laws.

Download

Mutual Non Circumvention Non Disclosure Agreement

A South African law-governed mutual agreement protecting confidential information and preventing business circumvention between parties.

Download

Model NDA

South African law-compliant Non-Disclosure Agreement template suitable for various business relationships and confidentiality requirements.

Download

Confidentiality Agreement For Independent Contractors

A South African law-governed agreement protecting company confidential information shared with independent contractors, ensuring POPIA compliance and information security.

Download

Non Disclosure Agreement Confidentiality Agreement

A South African law-governed confidentiality agreement protecting sensitive business and personal information with POPIA compliance.

Download

Employer NDA

South African employer-employee confidentiality agreement protecting company information and trade secrets, compliant with local labor and privacy laws.

Download

NDA Termination Letter

A South African law-governed letter formally terminating a Non-Disclosure Agreement while preserving relevant confidentiality obligations.

Download

NDA Mergers And Acquisitions

South African law-governed NDA for M&A transactions, protecting confidential information during corporate deals and due diligence processes.

Download

Non Disclosure Agreement M&A

South African M&A Non-Disclosure Agreement for protecting confidential information during merger and acquisition transactions, compliant with local laws including POPIA.

Download

Typical NDA

South African law-compliant Non-Disclosure Agreement protecting confidential information exchange between parties, with POPIA compliance.

Download

HR Non Disclosure Agreement

South African HR Non-Disclosure Agreement for protecting company confidential information in employment relationships, compliant with local privacy and labor laws.

Download

Basic Confidentiality Agreement

A South African law-governed confidentiality agreement protecting sensitive information exchange between parties, incorporating POPIA compliance.

Download

Pawn Agreement And Disclosure

A South African law-governed agreement establishing terms for a pawn transaction, including mandatory disclosures and consumer protections under the National Credit Act.

Download

Non Disclosure Waiver

A South African law-compliant agreement governing the disclosure and protection of confidential information between parties.

Download

Letter Reminding Employee Of Confidentiality Agreement

A South African law-compliant letter reinforcing an employee's existing confidentiality obligations and responsibilities under a prior confidentiality agreement.

Download

Confidentiality Agreement M&A

South African-law governed confidentiality agreement protecting sensitive information during M&A transactions, incorporating local regulatory requirements and market practice.

Download

NDA Product

South African law-governed Product NDA for protecting confidential product information and related intellectual property.

Download

HR Confidentiality Agreement

South African HR confidentiality agreement protecting business information and ensuring POPIA compliance in the employment context.

Download
See more related templates

ұԾ’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; ұԾ’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