This Non-Disclosure Agreement For Volunteers is essential for organizations in South Africa that engage volunteers and need to protect confidential information, intellectual property, and personal data. The document is particularly relevant in contexts where volunteers have access to sensitive information, including personal data protected under POPIA, organizational strategies, beneficiary information, or proprietary methodologies. It balances the need for confidentiality with the informal nature of volunteer relationships, ensuring compliance with South African law while maintaining appropriate expectations for non-employed individuals contributing their time and skills. The agreement is structured to avoid creating an employment relationship while still maintaining necessary protections for the organization.
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1. Parties: Identification of the organization and the volunteer, including full legal names and addresses
2. Background: Context of the volunteer relationship and purpose of the agreement
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Volunteer Services', and other relevant definitions
4. Volunteer Relationship: Clarification that this is a volunteer relationship and not employment
5. Confidential Information: Detailed description of what constitutes confidential information
6. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information
7. Data Protection: Specific obligations regarding personal information under POPIA
8. Security Measures: Required measures for protecting confidential information
9. Return of Information: Obligations regarding return or destruction of confidential information
10. Duration and Survival: Term of the agreement and surviving obligations
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property: Include when volunteers may create or work with IP during their service
2. Third Party Disclosure: Add when volunteers may need to share information with authorized third parties
3. Social Media and Communications: Include for volunteers involved in public-facing roles or with social media access
4. Specific Project Requirements: Add for volunteers working on particular projects with unique confidentiality needs
5. International Transfer of Data: Include if volunteer work involves cross-border data transfers
6. Conflict of Interest: Add for volunteers who may also work with other organizations
7. Reporting of Breaches: Include for high-sensitivity environments or when required by specific regulations
1. Description of Volunteer Services: Detailed outline of the volunteer role and responsibilities
2. Types of Confidential Information: Specific categories of confidential information the volunteer will access
3. Security Protocols: Detailed security procedures and requirements
4. Authorized Third Parties: List of third parties with whom information can be shared, if applicable
5. Data Processing Requirements: Specific POPIA compliance requirements and procedures
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