This One-Way NDA template is designed for use in situations where one party (the Disclosing Party) needs to share confidential information with another party (the Receiving Party) under South African law. The document is particularly relevant for business negotiations, potential partnerships, vendor relationships, or employment contexts where sensitive information needs to be shared. It incorporates requirements from South African legislation, including POPIA compliance for personal information protection, and common law principles regarding confidentiality and trade secrets. The agreement provides comprehensive protection while remaining enforceable under South African jurisdiction, making it suitable for both domestic and international business relationships where South African law governs.
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1. Parties: Identification and details of the Disclosing Party and Receiving Party
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Disclosure of Confidential Information: Scope and nature of confidential information to be disclosed
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the confidential information
6. Protection of Confidential Information: Security measures required to protect confidential information
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Duration and Termination: Term of the agreement and survival of obligations
9. Breach and Remedies: Consequences of breach and available remedies
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. POPIA Compliance: Specific provisions relating to personal information protection under POPIA, required when confidential information includes personal information
2. Intellectual Property: Additional provisions protecting intellectual property rights, needed when confidential information includes trade secrets or proprietary technology
3. Representatives and Third Parties: Provisions governing disclosure to employees, advisors, or other authorized representatives
4. Export Control: Required when confidential information may be subject to export control regulations
5. Data Protection and Cross-border Transfer: Required when confidential information will be transferred outside South Africa
6. Specific Industry Requirements: Additional provisions required for regulated industries (e.g., financial services, healthcare)
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Manufacturing
Professional Services
Healthcare
Telecommunications
Mining
Energy
Real Estate
Research and Development
Retail
Education
Pharmaceuticals
Consulting
Legal Services
Relevant Teams
Legal
Human Resources
Information Technology
Research and Development
Business Development
Operations
Finance
Procurement
Compliance
Information Security
Strategic Planning
Corporate Development
Product Development
Executive Leadership
Partner Relations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Legal Counsel
Business Development Manager
Project Manager
Human Resources Director
Research Director
Investment Manager
Procurement Manager
Operations Manager
Compliance Officer
Information Security Officer
Strategic Partnership Manager
Vendor Relations Manager
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