The Relationship Non Disclosure Agreement is essential for businesses establishing partnerships or collaborative ventures in South Africa where confidential information needs to be shared. This document is particularly relevant in the context of South African business practices and legal framework, including compliance with POPIA and common law principles protecting confidential information. It should be used when parties are entering into or exploring business relationships that involve sharing sensitive information, trade secrets, or personal information. The agreement provides comprehensive protection while facilitating necessary information exchange, incorporating specific provisions required under South African law for data protection and confidentiality. Unlike standard NDAs, this relationship-focused version includes additional provisions for ongoing collaboration and information sharing within the business relationship context.
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1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the relationship and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including definition of Confidential Information
4. Duration and Term: Period of the agreement and survival of obligations
5. Scope of Relationship: Nature and extent of the relationship between the parties
6. Confidentiality Obligations: Core obligations regarding handling and protection of confidential information
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Security Measures: Required measures for protecting confidential information
9. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and notices
1. Intellectual Property Rights: Provisions dealing with IP ownership and rights, used when relationship involves IP creation
2. Data Protection Compliance: Specific POPIA compliance provisions, used when personal information is involved
3. Non-Solicitation: Restrictions on soliciting employees or clients, used in business relationships
4. Relationship Management: Procedures for managing the relationship, used in complex or long-term relationships
5. Dispute Resolution: Alternative dispute resolution procedures, used for international relationships or high-value agreements
6. Insurance Requirements: Insurance obligations, used when handling sensitive or valuable information
7. Force Majeure: Provisions for unforeseen circumstances, used in long-term relationships
1. Schedule 1: Description of Confidential Information: Detailed categorization of confidential information covered
2. Schedule 2: Authorized Representatives: List of individuals authorized to receive or handle confidential information
3. Schedule 3: Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4: Relationship Scope: Detailed description of relationship activities and boundaries
5. Appendix A: Data Processing Terms: POPIA-compliant data processing terms when personal information is involved
6. Appendix B: Information Handling Procedures: Specific procedures for handling different types of confidential information
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