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Vendor Non Disclosure Agreement

Vendor Non Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

Vendor Non Disclosure Agreement

"I need a Vendor Non Disclosure Agreement for a software development company in Cape Town that will be accessing our customer database and internal systems for a 6-month project starting January 2025; the agreement must include strong data protection provisions and specific security protocols."

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Document background
A Vendor Non Disclosure Agreement is essential when companies need to share sensitive or confidential information with their vendors, suppliers, or service providers in South Africa. This document is particularly crucial given South Africa's strict data protection regime under POPIA and the need to protect trade secrets and proprietary information. The agreement should be used before engaging in detailed business discussions or sharing any confidential information with potential or existing vendors. It covers various types of confidential information, including technical data, business strategies, personal information, trade secrets, and intellectual property. The document ensures compliance with South African legislation while providing practical mechanisms for information sharing and protection. It's designed to be robust enough for court enforcement while remaining practical for business operations.
Suggested Sections

1. Parties: Identification of the disclosing party and receiving party (vendor), including registration numbers and registered addresses

2. Background: Context of the relationship and purpose for sharing confidential information

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

4. Interpretation: Rules for interpreting the agreement, including standard interpretation provisions under South African law

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

6. Obligations of Confidentiality: Core confidentiality obligations including use restrictions, security measures, and standard of care

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

8. Data Protection: POPIA compliance provisions and data protection obligations

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

10. Duration and Survival: Term of the agreement and surviving obligations

11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

12. General Provisions: Standard boilerplate clauses including notices, governing law, jurisdiction, and entire agreement

Optional Sections

1. Intellectual Property Rights: Specific provisions regarding IP rights in confidential information, used when the shared information includes patents, trademarks, or other IP

2. Non-Solicitation: Restrictions on soliciting employees or customers, included when there's significant risk of talent or customer poaching

3. Competitive Activities: Restrictions on competitive activities, used when vendor has access to highly sensitive competitive information

4. Export Control: Provisions regarding international transfer of information, included for cross-border vendor relationships

5. Information Security Requirements: Specific technical security requirements, included when dealing with highly sensitive digital information

6. Audit Rights: Rights to audit vendor's compliance with confidentiality obligations, used for high-risk relationships

7. Force Majeure: Provisions for unforeseen circumstances, included when long-term information sharing is contemplated

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may receive or handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information

4. Schedule 4 - Approved Subcontractors: List of approved subcontractors who may have access to confidential information, if applicable

5. Appendix A - Data Processing Terms: Detailed terms for processing personal information in compliance with POPIA

6. Appendix B - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































Clauses






























Relevant Industries

Information Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Retail

Telecommunications

Mining and Resources

Energy

Construction

Automotive

Agriculture

Education

Research and Development

Media and Entertainment

Relevant Teams

Legal

Procurement

Vendor Management

Information Security

Compliance

Risk Management

Information Technology

Operations

Finance

Supply Chain

Business Development

Project Management

Relevant Roles

Chief Legal Officer

Legal Counsel

Procurement Manager

Vendor Relations Manager

Contract Manager

Chief Information Security Officer

Data Protection Officer

Information Officer

Chief Technology Officer

Chief Financial Officer

Risk Manager

Compliance Officer

Business Development Manager

Project Manager

Operations Manager

Supply Chain Manager

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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