This Non Disclosure Agreement (Manufacturing) is designed for use in South African manufacturing contexts where parties need to share sensitive technical, operational, or proprietary information relating to manufacturing processes. The agreement is particularly relevant when companies engage in manufacturing partnerships, outsourcing, or technical collaboration where confidential manufacturing methods, specifications, or processes need to be disclosed. It incorporates provisions compliant with South African legislation, including POPIA, the Patents Act, and Trade Marks Act, while addressing specific manufacturing sector requirements such as protection of technical drawings, production methodologies, and industrial processes. The document is structured to protect both the disclosing and receiving parties while facilitating necessary information sharing for manufacturing operations.
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1. Parties: Identification of the disclosing and receiving parties, including their legal status and registered addresses
2. Background: Context of the manufacturing relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Manufacturing Process', 'Technical Data', 'Trade Secrets', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the manufacturing context, including technical specifications, processes, and trade secrets
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use: Specific permitted uses of confidential information in the manufacturing context
7. Security Measures: Required security measures for protecting confidential information in manufacturing facilities
8. Return or Destruction of Information: Procedures for returning or destroying confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies under South African law
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Employee and Subcontractor Obligations: Additional provisions for when manufacturing staff or subcontractors need access to confidential information
2. Technical Data Protection: Specific provisions for protecting technical data, useful when detailed technical information is shared
3. Export Control: Required when manufacturing involves internationally controlled or restricted information
4. Reverse Engineering Prohibition: Specific prohibitions against reverse engineering, relevant when sharing physical products or prototypes
5. Competition Law Compliance: Additional provisions ensuring compliance with competition laws, needed when parties are competitors
6. Intellectual Property Rights: Detailed IP provisions when the manufacturing process involves patented or patentable information
7. Data Protection Compliance: Additional POPIA compliance provisions when personal information is involved
8. Quality Control Information: Provisions for protecting quality control processes and standards when these are shared
1. Schedule A - Specific Confidential Information: Detailed list of confidential information categories specific to the manufacturing relationship
2. Schedule B - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule C - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule D - Technical Specifications: Specific technical information and specifications covered by the agreement
5. Appendix 1 - Acknowledgment Form: Form for employees or subcontractors to acknowledge NDA obligations
6. Appendix 2 - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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