The Information Technology Non Disclosure Agreement is essential for protecting proprietary and confidential information in technology-related business relationships within South Africa. This document becomes necessary when parties need to share sensitive technical information, including but not limited to software code, system architectures, technical specifications, trade secrets, and digital assets. It is specifically drafted to comply with South African legislation, including POPIA and the Electronic Communications and Transactions Act, while addressing unique challenges in the IT sector such as digital data protection, cross-border data transfers, and cybersecurity requirements. The agreement is particularly relevant for technology companies, service providers, and businesses engaging in digital transformation projects where protection of intellectual property and confidential information is crucial.
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1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses
2. Background: Context of the relationship and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Purpose', 'Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to representatives or required by law
7. Data Protection Compliance: Specific provisions ensuring compliance with POPIA and other data protection requirements
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination
10. Duration and Survival: Term of the agreement and surviving obligations
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including notices, governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP-sensitive material
2. Cross-Border Data Transfers: Required when confidential information may be transferred outside South Africa
3. Competing Projects: Provisions allowing work on similar projects with other parties while maintaining confidentiality
4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
5. Force Majeure: Provisions for handling confidential information during unexpected events or disasters
6. Audit Rights: Rights to audit compliance with confidentiality obligations for high-security requirements
1. Schedule 1: Specified Confidential Information: Detailed list of specific documents, data, or 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: Detailed technical and organizational security measures required
4. Schedule 4: Data Processing Terms: Specific terms for processing personal information under POPIA
5. Appendix A: Information Return Form: Template for documenting return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cybersecurity
Cloud Computing
Financial Services
Healthcare Technology
E-commerce
Telecommunications
Digital Marketing
FinTech
Manufacturing Technology
Education Technology
Mining Technology
Retail Technology
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Software Development
Systems Administration
Project Management
Business Development
Operations
Data Protection
Technical Operations
Research and Development
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Information Security Officer
Legal Counsel
Procurement Manager
Project Manager
Systems Architect
Database Administrator
Network Administrator
Business Development Manager
Technical Consultant
Solutions Architect
IT Operations Manager
Chief Information Officer
Data Protection Officer
Compliance Manager
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