This Non-Disclosure Agreement M&A is essential for protecting confidential information exchanged during merger, acquisition, and disposal transactions in South Africa. It serves as a crucial preliminary document before commencing detailed due diligence and negotiations, ensuring compliance with South African legal requirements, particularly the Protection of Personal Information Act (POPIA), Companies Act, and Competition Act. The agreement is designed to protect sensitive business information, trade secrets, customer data, and other proprietary information while parties evaluate potential M&A opportunities. It includes specific provisions for data protection, permitted disclosures, and security measures required under South African law, making it suitable for both listed and unlisted companies engaging in M&A activities within the jurisdiction.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses
2. Background: Context of the potential M&A transaction and purpose of information sharing
3. Definitions: Key terms including Confidential Information, Representatives, Transaction, Evaluation Purpose
4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives and advisors
6. Information Security Measures: Required security measures for protecting confidential information (POPIA compliance)
7. Return or Destruction of Information: Obligations regarding confidential information upon termination or request
8. Duration and Survival: Term of the agreement and surviving obligations
9. No Rights or Licenses: Clarification that no intellectual property rights are transferred
10. No Commitment: Statement that the NDA does not obligate parties to proceed with the transaction
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Prevents poaching of employees/customers, typically included for competitive situations
2. Standstill Provisions: For listed companies, restricting share dealings during negotiations
3. Competition Law Compliance: Special provisions when parties are competitors
4. Data Protection Compliance: Detailed POPIA compliance provisions when personal information is involved
5. Public Announcements: Controls on public statements about the potential transaction
6. Exclusive Negotiations: Optional exclusivity period for negotiations
7. Clean Team Arrangements: For handling competitively sensitive information
8. Cost Sharing: Allocation of costs related to information protection measures
1. Schedule 1 - Defined Confidential Information: Detailed description or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for information handling
4. Schedule 4 - Excluded Information: Information explicitly excluded from confidentiality obligations
5. Schedule 5 - Required Disclosures: Pre-approved or mandatory disclosure scenarios
6. Appendix A - Form of Confidentiality Undertaking: Template for additional parties to sign confidentiality undertakings
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
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
.png)