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Intern Confidentiality Agreement

Intern Confidentiality Agreement Template for South Africa

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Key Requirements PROMPT example:

Intern Confidentiality Agreement

"I need an Intern Confidentiality Agreement for our tech startup that covers both in-office and remote work arrangements, with special focus on protecting our software development projects and client data during our January 2025 internship intake."

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Document background
The Intern Confidentiality Agreement is essential for organizations in South Africa that engage interns, whether as part of formal education programs or direct internship arrangements. This document ensures the protection of confidential information, trade secrets, and intellectual property while an intern is engaged with the organization and after their departure. It is specifically designed to comply with South African legislation, including POPIA, the Skills Development Act, and relevant employment laws. The agreement balances the organization's need to protect sensitive information with the educational nature of internships, using clear language appropriate for individuals who may be entering the business environment for the first time. It includes provisions for data protection, security measures, and the handling of confidential materials, while accounting for both in-person and remote working arrangements.
Suggested Sections

1. Parties: Identification of the company and the intern, including full legal names and relevant details

2. Background: Context of the internship relationship and purpose of the agreement

3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Personal Information'

4. Duration and Application: Period during which the agreement applies, including post-internship obligations

5. Confidentiality Obligations: Core confidentiality duties and restrictions on use of confidential information

6. Protection of Personal Information: Obligations regarding personal information under POPIA

7. Security Measures: Specific measures the intern must take to protect confidential information

8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination

9. Intellectual Property: Protection of company IP and assignment of any intern-created IP

10. Breach and Consequences: Consequences of breaching the agreement and available remedies

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Social Media and Public Communications: Restrictions on social media usage and public communications about the company, used when intern has potential public-facing role

2. Remote Work Provisions: Additional security measures for remote work scenarios, used when intern may work remotely

3. Third Party Information: Specific obligations regarding third party confidential information, used when intern may have access to client or partner data

4. Industry-Specific Compliance: Additional compliance requirements for regulated industries, used in financial services, healthcare, etc.

5. International Data Transfer: Provisions for cross-border data transfers, used when company operates internationally

6. Non-Competition: Limited non-compete provisions, used when intern will have access to highly sensitive competitive information

Suggested Schedules

1. Schedule A - Categories of Confidential Information: Detailed list of types of confidential information the intern will have access to

2. Schedule B - Security Protocols: Specific security procedures and protocols the intern must follow

3. Schedule C - Approved Software and Tools: List of approved software and tools for handling confidential information

4. Appendix 1 - Acknowledgment Form: Form for intern to sign acknowledging receipt and understanding of specific confidential information

5. Appendix 2 - Exit Checklist: Checklist for ensuring all confidential information is returned upon internship completion

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Confidential Information
Personal Information
Special Personal Information
Trade Secrets
Intellectual Property
Proprietary Information
Company
Intern
Internship Period
Effective Date
Termination Date
Authorized Purpose
Permitted Recipients
Security Measures
Processing
Company Systems
Company Materials
Devices
Remote Access
Third Party Information
Competitive Information
Group Companies
Representatives
Disclosing Party
Receiving Party
Services
Operational Information
Technical Information
Business Information
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Education

Retail

Media and Entertainment

Telecommunications

Research and Development

Legal Services

Consulting

Non-Profit Organizations

Government Institutions

Relevant Teams

Human Resources

Legal

Compliance

Information Security

Risk Management

Training and Development

Graduate Recruitment

Talent Acquisition

Information Technology

Data Protection

Relevant Roles

Human Resources Manager

Legal Counsel

Compliance Officer

Intern Supervisor

Department Manager

Training Coordinator

Talent Development Manager

Recruitment Specialist

Information Security Officer

Data Protection Officer

Risk Manager

Program Coordinator

Graduate Program Manager

Industries
Protection of Personal Information Act (POPIA) 2013: Governs the processing and protection of personal information, ensuring that any confidentiality obligations regarding personal data align with POPIA requirements
Constitution of South Africa, 1996: Particularly Section 22 (Freedom of Trade, Occupation and Profession) and Section 23 (Labor Relations) to ensure the agreement doesn't infringe on constitutional rights
Skills Development Act 97 of 1998: Relevant for internship arrangements and ensuring the agreement aligns with skills development regulations
Basic Conditions of Employment Act 75 of 1997: Although interns might not be considered employees in all cases, this Act may still be relevant for basic working conditions
Copyright Act 98 of 1978: Protects original works and may be relevant for intellectual property created during the internship
Trade Marks Act 194 of 1993: Relevant for protecting company trademarks and logos that the intern may have access to
Patents Act 57 of 1978: Important for protecting any patentable inventions or innovations the intern may be exposed to
Competition Act 89 of 1998: Relevant for provisions relating to trade secrets and competitive information
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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