The Non-Disclosure Agreement For Service Provider is essential when engaging external service providers who will have access to confidential business information, trade secrets, or personal information in South Africa. This document is particularly crucial given South Africa's hybrid legal system and specific regulatory requirements, including POPIA compliance. It's designed to protect the disclosing party's interests while allowing necessary information sharing for service delivery. The agreement should be implemented before any confidential information is shared and typically remains in force even after the service relationship ends. It includes specific provisions for data protection, information handling protocols, and remedies available under South African law.
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1. Parties: Identification and details of the parties entering into the agreement, including their registered addresses and company registration numbers if applicable
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, particularly 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Services'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it is to be identified
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Specific measures required to protect confidential information, including digital and physical security requirements
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
12. Signature: Execution clause and signature blocks for all parties
1. POPIA Compliance: Specific provisions relating to personal information protection under POPIA, required when personal information will be shared
2. Intellectual Property: Additional provisions protecting IP rights, needed when confidential information includes IP elements
3. Non-Solicitation: Prevents poaching of employees/clients, include when there's significant exposure to key personnel or clients
4. Data Privacy and Protection: Detailed data handling requirements, necessary when dealing with electronic data or cross-border transfers
5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, needed when parties are competitors
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term NDAs
7. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for high-risk information sharing
1. Schedule 1: Description of Services: Detailed description of services to be provided, helping define the context of information sharing
2. Schedule 2: Authorised Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3: Security Protocols: Specific security measures and protocols to be followed
4. Appendix A: Categories of Confidential Information: Detailed listing of types and categories of confidential information covered
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Financial Services
Manufacturing
Healthcare
Mining
Telecommunications
Retail
Energy
Construction
Legal Services
Consulting
Research and Development
Education
Logistics
Relevant Teams
Legal
Procurement
Information Security
Risk and Compliance
Operations
Human Resources
Information Technology
Finance
Business Development
Research and Development
Project Management Office
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Procurement Manager
Contract Manager
Project Manager
Information Security Officer
Data Protection Officer
Risk Manager
Compliance Officer
Operations Manager
Human Resources Director
IT Manager
Business Development Manager
Finance Director
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