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One Way Non Disclosure Agreement

One Way Non Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

One Way Non Disclosure Agreement

"I need a One Way Non-Disclosure Agreement for my software company based in Cape Town to protect our proprietary code and development methodologies when sharing them with a potential manufacturing partner in Johannesburg."

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Document background
The One-Way Non-Disclosure Agreement is a crucial legal instrument used in South African business contexts where one party (the Disclosing Party) needs to share confidential information with another party (the Receiving Party) while maintaining strict control over its use and dissemination. This document is particularly relevant in situations involving business negotiations, potential partnerships, vendor relationships, or employee onboarding. The agreement must comply with South African legal requirements, including the Protection of Personal Information Act (POPIA), the Promotion of Access to Information Act (PAIA), and relevant common law principles. It is designed to protect various types of confidential information, including trade secrets, business plans, technical specifications, customer data, and proprietary methodologies. The document includes specific provisions for information handling, security measures, and breach remedies, making it suitable for both commercial and individual use within the South African legal framework.
Suggested Sections

1. Parties: Identification and details of the Disclosing Party and Receiving Party

2. Background: Context of the relationship between the parties and purpose of the NDA

3. Definitions: Definitions of key terms including 'Confidential Information', 'Authorized Purpose', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations of the Receiving Party

6. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed

7. Security Measures: Required measures for protecting and securing confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Duration and Survival: Term of the agreement and survival of obligations

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

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

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - used when technical or proprietary information is involved

2. Data Protection Compliance: Specific POPIA compliance provisions - required when personal information is part of the confidential information

3. Representatives and Third Parties: Provisions regarding authorized representatives and third party disclosure - used in complex business relationships

4. Non-Solicitation: Prevents poaching of employees or clients - used in business-sensitive contexts

5. Publicity and Announcements: Restrictions on public statements about the relationship - used for high-profile or sensitive business relationships

6. Insurance Requirements: Obligations to maintain specific insurance coverage - used for high-value or high-risk information

7. Audit Rights: Rights to audit compliance with the NDA - used for highly sensitive information or regulated industries

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list or categories of 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: Specific security measures and protocols required for handling the confidential information

4. Appendix A - Acknowledgment Form: Form to be signed by individual representatives acknowledging their obligations under the NDA

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 Industries

Technology and Software

Financial Services

Manufacturing

Healthcare and Pharmaceuticals

Professional Services

Research and Development

Energy and Resources

Telecommunications

Real Estate

Education

Retail and Consumer Goods

Media and Entertainment

Consulting

Legal Services

Biotechnology

Relevant Teams

Legal

Compliance

Human Resources

Information Technology

Research and Development

Business Development

Operations

Finance

Procurement

Sales and Marketing

Executive Leadership

Quality Assurance

Product Development

Strategic Planning

Corporate Communications

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Compliance Officer

Business Development Manager

Project Manager

Research Director

Human Resources Manager

IT Director

Chief Technology Officer

Procurement Manager

Finance Director

Operations Manager

Sales Director

Product Manager

Consultant

Strategic Planning Director

Investment Analyst

Manufacturing Manager

Quality Assurance Manager

Industries
Protection of Personal Information Act 4 of 2013 (POPIA): South Africa's comprehensive data protection law that sets conditions for lawful processing of personal information and requires appropriate security safeguards for protecting personal information
Promotion of Access to Information Act 2 of 2000 (PAIA): Gives effect to the constitutional right of access to information and regulates how information can be accessed, which needs to be balanced against confidentiality obligations
Constitution of South Africa (Act 108 of 1996) - Section 14: Establishes the fundamental right to privacy, which forms the constitutional basis for protecting confidential information
Competition Act 89 of 1998: Ensures that confidentiality provisions do not contain anti-competitive elements or restrict trade unreasonably
Trade Marks Act 194 of 1993: Protects registered trademarks and related confidential information that might be disclosed under the NDA
Copyright Act 98 of 1978: Protects original works and related confidential information that might be disclosed under the NDA
Electronic Communications and Transactions Act 25 of 2002: Relevant for NDAs that involve electronic communications and digital information sharing
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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