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Non Circumvention Non Disclosure & Working Agreement Ncnda

Non Circumvention Non Disclosure & Working Agreement Ncnda Template for South Africa

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Key Requirements PROMPT example:

Non Circumvention Non Disclosure & Working Agreement Ncnda

"I need a Non Circumvention Non Disclosure & Working Agreement (NCNDA) for a South African technology company planning to collaborate with international software developers from January 2025, with specific emphasis on protecting our proprietary AI algorithms and ensuring the developers can't approach our clients directly."

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Document background
The Non Circumvention Non Disclosure & Working Agreement (NCNDA) is essential for businesses operating in South Africa who need to protect their interests while exploring or engaging in business relationships. This document is particularly relevant when parties are sharing sensitive information, discussing business opportunities, or establishing working relationships where there's a need to prevent direct circumvention of any party's interests. The agreement is structured to comply with South African legislation, including the Protection of Personal Information Act (POPIA) and the Competition Act, while providing comprehensive protection for business relationships, confidential information, and collaborative arrangements. It's commonly used in various scenarios including business introductions, joint ventures, investment opportunities, and strategic partnerships where multiple parties need to work together while maintaining clear boundaries and protections.
Suggested Sections

1. Parties: Identification and details of all contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Confidentiality Obligations: Detailed provisions regarding the protection and handling of confidential information

5. Non-Circumvention Provisions: Terms preventing parties from bypassing each other in business dealings

6. Working Relationship: Framework for how parties will collaborate and conduct business

7. Term and Termination: Duration of the agreement and circumstances for termination

8. Representations and Warranties: Statements of fact and promises made by each party

9. Breach and Remedies: Consequences of breach and available remedies

10. General Provisions: Standard clauses including governing law, jurisdiction, and notices

11. Signature Page: Execution block for all parties

Optional Sections

1. Intellectual Property Rights: Specific provisions regarding IP ownership and usage - include when IP sharing is anticipated

2. Commission Structure: Details of any commission arrangements - include when deal-specific compensation is involved

3. Dispute Resolution: Detailed arbitration or mediation procedures - include for complex international arrangements

4. Data Protection: Specific POPIA compliance provisions - include when personal information processing is involved

5. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value arrangements

6. Non-Solicitation: Prevents poaching of employees/clients - include when parties have valuable human resources

7. Insurance Requirements: Specific insurance obligations - include for high-risk activities

8. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries

Suggested Schedules

1. Schedule A - Confidential Information: Detailed list of information deemed confidential

2. Schedule B - Authorized Representatives: List of individuals authorized to receive confidential information

3. Schedule C - Approved Purpose: Detailed description of the business purpose and permitted uses of information

4. Schedule D - Commission Structure: Detailed breakdown of any commission arrangements

5. Schedule E - Territory: Geographic scope of non-circumvention provisions

6. Appendix 1 - Security Protocols: Specific procedures for handling confidential information

7. Appendix 2 - Reporting Requirements: Templates and procedures for required business reports

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
Affiliate
Agreement
Authorized Purpose
Authorized Representative
Business Day
Business Opportunity
Circumvention
Confidential Information
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Material Breach
Parties
Personal Information
Principal
Project
Receiving Party
Related Persons
Representatives
Restricted Period
Services
Signature Date
Target Business
Term
Territory
Third Party
Trade Secrets
Transaction
Working Relationship
Breach
Commission
Confidentiality Period
Contact Person
Damages
Force Majeure Event
Intermediary
Non-Circumvention Period
Operator
Professional Advisers
Protected Information
Responsible Party
Special Personal Information
Survival Period
Working Hours
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Real Estate

Mining and Resources

Healthcare

Telecommunications

Energy

International Trade

Construction

Business Consulting

Retail and Distribution

Software Development

Venture Capital

Relevant Teams

Legal

Business Development

Executive Leadership

Commercial Operations

Strategy

Mergers & Acquisitions

Sales

Procurement

Finance

Compliance

Operations

Corporate Development

Risk Management

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Investment Director

Project Manager

Commercial Director

Chief Financial Officer

Operations Manager

Strategic Partnerships Manager

Procurement Manager

Sales Director

Managing Director

Compliance Officer

Contract Manager

Business Broker

Industries
Protection of Personal Information Act (POPIA) 2013: Governs the processing and protection of personal information, essential for the confidentiality aspects of the agreement
Competition Act 89 of 1998: Regulates anti-competitive practices and ensures fair competition, relevant for non-circumvention provisions
Constitution of South Africa, Section 22: Protects freedom of trade, occupation and profession, must be considered when drafting non-circumvention clauses
Trade Marks Act 194 of 1993: Protects trademarks and related intellectual property that might be disclosed during the business relationship
Copyright Act 98 of 1978: Protects original works that might be shared under the agreement
Electronic Communications and Transactions Act 25 of 2002: Governs electronic communications and data protection, relevant for digital information sharing
Common Law of Contract: Provides fundamental principles for contract formation, enforcement, and remedies
Consumer Protection Act 68 of 2008: May apply if any party qualifies as a consumer in the transaction relationship
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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