Relationship Non Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

Relationship Non Disclosure Agreement

"I need a Relationship Non Disclosure Agreement for a technology partnership between our South African software company and an international cloud service provider, with strong data protection clauses and specific provisions for handling customer data under POPIA, to be effective from March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Manufacturing

Professional Services

Financial Services

Healthcare

Retail

Telecommunications

Energy

Mining

Construction

Agriculture

Education

Logistics

Media and Entertainment

Pharmaceuticals

Relevant Teams

Legal

Compliance

Information Security

Business Development

Procurement

Operations

Risk Management

Executive Leadership

Finance

Information Technology

Strategy

Corporate Affairs

Commercial Operations

Research and Development

Partner Relations

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Legal Counsel

Compliance Officer

Information Security Officer

Operations Manager

Project Manager

Procurement Manager

Partnership Manager

Contract Administrator

Risk Manager

Chief Technology Officer

Chief Financial Officer

Strategy Director

Industries
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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