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Non Disclosure Agreement Data Protection
"I need a Non Disclosure Agreement Data Protection document for my software development company based in Cape Town, which will be sharing sensitive customer data with a cloud service provider in January 2025, with specific provisions for cross-border data transfers and cloud security measures."
1. Parties: Identification of the disclosing and receiving parties, including their registered addresses and company details
2. Background: Context of the agreement, purpose of sharing confidential information, and the business relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Information', 'Processing', 'Data Subject' and other POPIA-specific terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Data Protection Obligations: Specific obligations under POPIA, including lawful processing, purpose limitation, and security safeguards
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Breach and Remedies: Consequences of breach, including remedies and notification requirements
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Third Party Disclosure: Additional provisions for when confidential information may need to be shared with third parties such as professional advisors or subcontractors
2. International Data Transfers: Specific provisions for cross-border transfers of personal information, required when information will be transferred outside South Africa
3. Intellectual Property Rights: Additional provisions protecting intellectual property when confidential information includes trade secrets or proprietary technology
4. Information Security Measures: Detailed security requirements, recommended when sharing highly sensitive information or when required by industry regulations
5. Data Subject Rights: Specific provisions handling data subject access requests and other rights under POPIA, needed when personal information processing is extensive
6. Regulatory Compliance: Additional compliance obligations for regulated industries or specific sector requirements
1. Schedule 1: Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2: Authorized Personnel: List of authorized personnel who may access the confidential information
3. Schedule 3: Security Measures: Specific technical and organizational security measures to be implemented
4. Schedule 4: Data Processing Terms: Detailed terms for processing personal information, including purpose, duration, and type of processing
5. Appendix A: Information Transfer Procedures: Procedures for secure transfer and handling of confidential information
6. Appendix B: Breach Notification Procedures: Detailed procedures for reporting and handling security breaches
Authors
Agreement
Authorised Personnel
Authorised Purpose
Business Day
Confidential Information
Consent
Data Subject
Disclosing Party
Effective Date
Information Officer
Intellectual Property Rights
Operator
Personal Information
Processing
Receiving Party
Record
Representatives
Responsible Party
Security Compromise
Special Personal Information
Term
Third Party
Trade Secrets
Unique Identifier
Data Protection
Information Security
Access Rights
Non-Disclosure
Data Processing
Breach Notification
Return of Information
Destruction of Information
Term and Termination
Intellectual Property
Warranties and Representations
Indemnification
Liability
Force Majeure
Assignment
Dispute Resolution
Governing Law
Jurisdiction
Notices
Severability
Entire Agreement
Amendment
Waiver
Costs
Third Party Rights
Data Subject Rights
Cross-Border Transfer
Security Safeguards
Audit Rights
Financial Services
Healthcare
Technology
Professional Services
Manufacturing
Retail
Telecommunications
Education
Insurance
Legal Services
Consulting
Real Estate
Information Technology
Research and Development
Pharmaceuticals
Legal
Compliance
Information Security
Risk Management
Human Resources
Information Technology
Data Protection
Procurement
Research and Development
Business Development
Operations
Corporate Governance
Chief Legal Officer
Data Protection Officer
Privacy Officer
Compliance Manager
Legal Counsel
Information Security Manager
Risk Manager
Business Development Manager
HR Director
IT Director
Chief Information Officer
Chief Technology Officer
Procurement Manager
Contract Manager
Chief Privacy Officer
General Counsel
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South African Confidentiality Agreement with data protection provisions compliant with POPIA, governing the protection of confidential information and personal data.
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