This Non Disclosure Agreement Proprietary Information template is designed for use in South Africa when parties need to share sensitive business or technical information while maintaining confidentiality. It is particularly relevant for business negotiations, joint ventures, potential partnerships, or service arrangements where proprietary information needs to be disclosed. The agreement complies with South African law, including POPIA, competition law, and electronic communications legislation. It can be used across various industries and is suitable for protecting trade secrets, technical know-how, business methods, customer data, and other confidential information. The document includes specific provisions for both physical and digital information protection, making it suitable for modern business relationships where information sharing occurs through various mediums.
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1. Parties: Identification of the disclosing and receiving parties, including registration details for companies
2. Background: Context of the disclosure relationship and purpose of the agreement
3. Definitions: Detailed definitions including 'Confidential Information', 'Proprietary Information', 'Authorized Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential and proprietary information
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the information
6. Standard of Care: Required level of care in protecting confidential information
7. Permitted Disclosures: Circumstances under which disclosure is permitted (e.g., to employees, advisors)
8. Term and Survival: Duration of the agreement and survival of obligations
9. Return or Destruction of Information: Requirements for handling confidential information after termination
10. Remedies: Legal remedies available in case of breach
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Required when personal information as defined in POPIA is involved
2. Electronic Information Security: Required when confidential information includes digital assets or electronic communications
3. Intellectual Property Rights: Required when proprietary information includes patents, trademarks, or other IP
4. Non-Solicitation: Optional clause preventing solicitation of employees or customers
5. Residual Knowledge: Optional clause addressing use of retained knowledge
6. Competition Law Compliance: Required when parties are competitors or in the same industry
7. Export Control: Required when information may be subject to international transfer restrictions
1. Schedule 1 - Description of Proprietary Information: Detailed list or categories of protected information
2. Schedule 2 - Authorized Purpose: Detailed description of permitted use of the confidential information
3. Schedule 3 - Security Measures: Required security protocols and measures
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information
5. Appendix A - Data Processing Terms: Required when personal information processing is involved
6. Appendix B - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of information
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