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Bilateral Confidentiality Agreement

Bilateral Confidentiality Agreement Template for South Africa

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Key Requirements PROMPT example:

Bilateral Confidentiality Agreement

"I need a Bilateral Confidentiality Agreement for a technology startup sharing software development plans with a potential investor in South Africa, with special emphasis on protecting our source code and development roadmap for our upcoming product launch in March 2025."

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Document background
The Bilateral Confidentiality Agreement is essential for businesses and individuals operating in South Africa who need to share sensitive information while ensuring legal protection. This document is particularly relevant when parties are exploring potential business relationships, conducting due diligence, engaging in joint ventures, or sharing trade secrets. It must comply with South African legislation, including the Protection of Personal Information Act (POPIA) and common law principles protecting confidential information. The agreement typically covers definition of confidential information, scope of permitted use, security measures, duration of obligations, and remedies for breach. It's commonly used before detailed business discussions, during negotiations, or when engaging service providers who will have access to sensitive information.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement, including registration numbers for companies

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

3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Authorized Purpose', and 'Representatives'

4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted use of confidential information

5. Security Measures: Specific measures required to protect confidential information, including physical, electronic, and procedural safeguards

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law

7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request

8. Duration and Survival: Term of the agreement and survival of obligations after termination

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

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

Optional Sections

1. Data Protection Compliance: Specific provisions addressing POPIA compliance, required when personal information is involved

2. Intellectual Property Rights: Clarification of IP ownership and rights, needed when confidential information includes IP

3. Non-Solicitation: Restrictions on soliciting employees or customers, relevant for business relationships

4. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, needed when parties are competitors

5. Electronic Communications: Provisions regarding electronic storage and transmission of confidential information

6. Third Party Rights: Provisions addressing rights of third parties whose information may be disclosed

7. Export Control: Provisions regarding international transfer of information, needed for cross-border agreements

Suggested Schedules

1. Schedule 1: Description of Confidential Information: Detailed description or categories of 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: Specific security measures and protocols to be followed

4. Schedule 4: Authorized Purpose: Detailed description of the permitted purpose for which confidential information may be used

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



































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Relevant Industries

Technology

Manufacturing

Professional Services

Healthcare

Financial Services

Education

Research & Development

Retail

Construction

Energy

Mining

Agriculture

Telecommunications

Biotechnology

Consulting

Real Estate

Media & Entertainment

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Information Technology

Finance

Operations

Procurement

Risk and Compliance

Strategic Planning

Product Development

Investment

Corporate Communications

Information Security

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Business Development Manager

Project Manager

Research Director

Human Resources Director

Chief Technology Officer

Chief Financial Officer

Operations Manager

Procurement Manager

Investment Manager

Consultant

Department Head

Business Owner

Contract Manager

Compliance Officer

Risk Manager

Innovation Director

Strategic Partnership 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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