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.
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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.
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
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
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
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