This Partnership Non Disclosure Agreement is essential for businesses and individuals entering into partnership arrangements in South Africa where confidential information needs to be shared and protected. The document is specifically designed to comply with South African law, including the Protection of Personal Information Act (POPIA), the Electronic Communications and Transactions Act, and common law principles governing partnerships. It should be used when partners need to share sensitive business information, trade secrets, intellectual property, or personal data during the course of their partnership. The agreement includes comprehensive provisions for maintaining confidentiality, data protection measures, permitted uses of information, and consequences of breach, making it suitable for both simple and complex partnership arrangements.
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1. Parties: Identification and details of the partnership parties entering into the NDA
2. Background: Context of the partnership and purpose of the NDA
3. Definitions and Interpretation: Detailed definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives' and interpretation clauses
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required security measures for protecting confidential information
8. Duration and Survival: Term of the agreement and provisions that survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions relating to POPIA compliance, needed when personal information is involved
2. Intellectual Property Rights: Specific provisions regarding IP ownership and rights, needed when IP is likely to be shared
3. Non-Compete Provisions: Restrictions on competitive activities, included when partners may compete in the same market
4. Digital Security Measures: Specific provisions for digital security, needed when confidential information is primarily stored or shared electronically
5. International Transfer of Information: Provisions governing cross-border data transfers, needed when partners operate internationally
6. Dispute Resolution: Detailed dispute resolution procedures, included when parties want specific resolution mechanisms
7. Insurance Requirements: Obligations to maintain specific insurance coverage, needed for high-risk partnerships
8. Force Majeure: Provisions for unforeseen circumstances, included when long-term confidentiality obligations exist
1. Schedule 1: Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2: Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3: Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Schedule 4: Data Processing Requirements: Specific requirements for processing personal information under POPIA
5. Appendix A: Information Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
6. Appendix B: Breach Notification Procedures: Procedures to be followed in case of a confidentiality breach
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