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Non Disclosure Agreement For Data Sharing for South Africa

Non Disclosure Agreement For Data Sharing Template for South Africa

A comprehensive non-disclosure agreement specifically designed for data sharing arrangements under South African law, with particular emphasis on compliance with the Protection of Personal Information Act (POPIA). This agreement establishes confidentiality obligations, data protection requirements, and usage restrictions for shared data between parties. It includes specific provisions for data security measures, breach notification procedures, and data handling requirements in accordance with South African legal framework. The document addresses both the confidentiality aspects of traditional NDAs and the specific requirements for lawful data processing and sharing under South African data protection legislation.

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Non Disclosure Agreement For Data Sharing

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What is a Non Disclosure Agreement For Data Sharing?

This Non-Disclosure Agreement For Data Sharing is essential in situations where organizations need to share sensitive or confidential data while ensuring legal compliance and maintaining data security. The document is specifically tailored for use under South African law, incorporating requirements from the Protection of Personal Information Act (POPIA) and other relevant legislation. It is particularly crucial in scenarios involving the sharing of personal information, proprietary data, or commercially sensitive information between business partners, service providers, or other entities. The agreement provides comprehensive protection by establishing clear guidelines for data handling, security measures, and confidentiality obligations, while ensuring compliance with South African data protection requirements. It is designed to protect both the data provider and recipient by clearly defining responsibilities, limitations on data use, and consequences of breach.

What sections should be included in a Non Disclosure Agreement For Data Sharing?

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement, including 'Confidential Information', 'Personal Information', 'Data', 'Processing'

4. Purpose and Scope: Specific purpose for which the data is being shared and scope of permitted use

5. Data Protection Compliance: Obligations under POPIA and other relevant data protection laws

6. Confidentiality Obligations: Core confidentiality requirements and non-disclosure obligations

7. Data Security Measures: Required security measures for protecting shared data

8. Use Restrictions: Specific restrictions on the use, copying, and distribution of shared data

9. Return or Destruction of Data: Requirements for returning or destroying data upon agreement termination

10. Duration and Termination: Term of the agreement and termination provisions

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

12. General Provisions: Standard contractual provisions including governing law, jurisdiction, etc.

What sections are optional to include in a Non Disclosure Agreement For Data Sharing?

1. Third Party Access: Required when data may need to be shared with third parties such as service providers

2. Cross-Border Data Transfers: Needed when data may be transferred outside South Africa

3. Intellectual Property Rights: Required when shared data includes or could result in intellectual property

4. Audit Rights: Optional section for when regular auditing of data handling is required

5. Competition Law Compliance: Required when shared data could have competition law implications

6. Force Majeure: Optional clause for handling unforeseen circumstances affecting data sharing

7. Insurance Requirements: Optional section specifying required insurance coverage for data-related risks

What schedules should be included in a Non Disclosure Agreement For Data Sharing?

1. Schedule 1: Description of Shared Data: Detailed description of the categories and types of data to be shared

2. Schedule 2: Security Requirements: Technical and organizational security measures required for data protection

3. Schedule 3: Data Processing Activities: Detailed description of permitted processing activities

4. Schedule 4: Authorized Personnel: List of authorized personnel who may access the shared data

5. Schedule 5: Data Breach Response Plan: Procedures to be followed in case of a data breach

6. Appendix A: Contact Details: Contact information for key personnel and data protection officers

Authors

Alex Denne

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

Jurisdiction

South Africa

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Healthcare

Financial Services

Technology

Research and Development

Professional Services

Education

Telecommunications

Manufacturing

Retail

Insurance

Marketing and Advertising

Pharmaceutical

Public Sector

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Data Protection

Research and Development

Business Development

Risk Management

Operations

Privacy

Information Governance

Relevant Roles

Chief Information Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Officer

Business Development Manager

Research Director

IT Manager

Risk Manager

Operations Manager

Project Manager

Chief Technology Officer

Chief Privacy Officer

Information Governance 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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