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Technology Confidentiality Agreement

Technology Confidentiality Agreement Template for South Africa

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Key Requirements PROMPT example:

Technology Confidentiality Agreement

"I need a Technology Confidentiality Agreement for a South African software company sharing proprietary AI algorithms with a German technology partner, with specific provisions for cross-border data transfers and source code protection, to be effective from March 2025."

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Document background
The Technology Confidentiality Agreement is essential for businesses and organizations operating in South Africa who need to share sensitive technological information while maintaining its confidentiality. This document is particularly relevant when parties need to exchange technical specifications, software code, algorithms, research data, or other technology-related confidential information. It ensures compliance with South African legislation, including POPIA, the Electronic Communications and Transactions Act, and common law principles regarding trade secrets. The agreement is commonly used in technology partnerships, joint ventures, vendor relationships, and consulting arrangements where proprietary technological information needs protection. It includes specific provisions for both digital and physical information security, data handling protocols, and breach prevention measures, all aligned with South African legal requirements and business practices.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Detailed definitions including 'Confidential Information', 'Technology', 'Authorized Purpose', 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 protection measures and permitted uses

6. Security Measures: Specific technical and organizational measures required to protect confidential information

7. Term and Survival: Duration of the agreement and provisions that survive termination

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination

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

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Third Party Disclosure: Rules for sharing with authorized third parties, needed when subcontractors or affiliates require access

2. International Transfer of Data: Provisions for cross-border data transfers, required when parties operate internationally

3. Electronic Storage and Transmission: Specific provisions for digital storage and transmission, needed for primarily digital operations

4. Personal Information Protection: POPIA-specific provisions, required when confidential information includes personal data

5. Intellectual Property Rights: Additional IP protection clauses, needed when confidential information includes potential IP

6. Non-Competition: Restrictions on competitive activities, included when there's risk of competitive use of information

7. Audit Rights: Rights to audit compliance, included for high-risk or regulated information sharing

Suggested Schedules

1. Schedule 1: Description of Confidential Information: Detailed listing and categorization of confidential information covered

2. Schedule 2: Authorized Personnel: List of personnel authorized to access confidential information

3. Schedule 3: Security Protocols: Specific technical and organizational security measures required

4. Schedule 4: Data Handling Procedures: Step-by-step procedures for handling, storing, and transmitting confidential information

5. Appendix A: Confirmation of Return/Destruction: Template for confirming return or destruction of confidential information

6. Appendix B: Third Party Undertaking: Template confidentiality undertaking for authorized third parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Technology

Information Technology

Software Development

Financial Services

Healthcare Technology

Manufacturing

Research & Development

Telecommunications

Biotechnology

Educational Technology

Artificial Intelligence

Cybersecurity

Industrial Automation

Digital Services

Relevant Teams

Legal

Information Technology

Information Security

Research & Development

Compliance

Software Development

Data Protection

Innovation

Technical Operations

Intellectual Property

Risk Management

Digital Transformation

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Compliance Officer

Information Security Manager

Software Development Manager

Research Director

Data Protection Officer

Innovation Manager

Technical Project Manager

IP Manager

Chief Information Officer

Systems Architect

Technology Consultant

Digital Transformation Lead

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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