¶¶Òõ¶ÌÊÓÆµ

Business Sale Confidentiality Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Business Sale Confidentiality Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Business Sale Confidentiality Agreement

"I need a Business Sale Confidentiality Agreement for my technology company in South Africa, with strong data protection clauses and specific provisions for protecting source code and customer databases, as we're planning to start sale discussions in January 2025."

Document background
The Business Sale Confidentiality Agreement is a crucial legal document used in South African business sale transactions to protect sensitive information disclosed during the sale process. This agreement becomes necessary when a business owner or company considers selling their business and needs to share confidential information with potential buyers for evaluation purposes. The document ensures that sensitive business information, including financial data, trade secrets, customer lists, and operational details, remains protected under South African law, particularly in compliance with POPIA and the Companies Act. It sets out clear obligations for handling confidential information, permitted uses, and consequences of breach. The agreement is typically put in place before any detailed discussions or due diligence processes begin and remains effective throughout the transaction process and often for a specified period afterward.
Suggested Sections

1. Parties: Identification of the disclosing party (seller) and receiving party (potential buyer), including full legal names and registration details

2. Background: Context of the potential business sale and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', and 'Representatives'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the business sale

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or as required by law

7. Term and Survival: Duration of confidentiality obligations and provisions that survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information after discussions end

9. Remedies: Legal remedies available in case of breach, including injunctive relief

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

Optional Sections

1. Non-Solicitation: Prevents poaching of employees or customers, relevant when detailed business information is shared

2. Exclusivity Period: Period during which the seller won't negotiate with other potential buyers, used in serious negotiations

3. Data Protection Compliance: Specific POPIA compliance provisions, necessary when personal information is involved

4. Anti-Trust Compliance: Required when sharing competitively sensitive information

5. Public Announcements: Controls over public statements about the potential transaction, important for listed companies

6. Non-Circumvention: Prevents direct approach to customers/suppliers, relevant for businesses with valuable relationships

7. Costs: Allocation of costs related to confidentiality measures, relevant for complex situations

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list of specific types of confidential information to be disclosed

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures required for handling different types of confidential information

4. Schedule 4 - Disclosure Process: Step-by-step process for requesting and providing access to confidential information

5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign

Authors

Alex Denne

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

Relevant legal definitions








































Clauses



































Relevant Industries

Manufacturing

Retail

Technology

Financial Services

Professional Services

Healthcare

Mining

Agriculture

Real Estate

Construction

Telecommunications

Energy

Transportation and Logistics

Hospitality

Education

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Executive Leadership

Risk and Compliance

Business Development

Corporate Finance

Company Secretariat

Due Diligence

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Legal Counsel

Corporate Attorney

Investment Banker

Business Development Manager

Mergers & Acquisitions Director

Due Diligence Manager

Company Secretary

Financial Director

Risk Manager

Compliance Officer

Business Owner

Corporate Finance 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

Find the exact document you need

Tv Show Non Disclosure Agreement

A South African law-governed NDA for protecting confidential information in television show production, compliant with local broadcasting and data protection regulations.

find out more

Contract Disclosure Agreement

South African law-governed agreement establishing confidentiality obligations between parties sharing sensitive information.

find out more

NDA In Project Management

South African Non-Disclosure Agreement for project management activities, ensuring confidentiality protection under SA law.

find out more

Non Disclosure Agreement (Manufacturing)

South African manufacturing-specific NDA protecting confidential information in manufacturing processes and technical specifications under South African law.

find out more

NDA Accounting

South African Non-Disclosure Agreement for accounting services, ensuring confidentiality of financial information under local laws and professional standards.

find out more

Disclosure Agreement (Real Estate)

A South African legal document detailing property conditions and defects for real estate transactions, ensuring compliance with property law and consumer protection requirements.

find out more

Confidentiality Agreement Between Two Individuals

A South African law-governed confidentiality agreement for protecting sensitive information shared between two individuals.

find out more

Simple Mutual NDA

A mutual confidentiality agreement under South African law protecting bilateral information exchange between parties.

find out more

Non Disclosure Agreement (Insurance)

South African insurance industry NDA compliant with POPIA and Insurance Act 18 of 2017, protecting confidential insurance-related information exchange.

find out more

Short Form Non Disclosure Agreement

A concise Non-Disclosure Agreement under South African law, providing essential confidentiality protections while maintaining simplicity and legal compliance.

find out more

Personal NDA

South African personal non-disclosure agreement for protecting confidential information between individuals, compliant with POPIA and local privacy laws.

find out more

Non Disclosure Deed

A formal deed under South African law establishing binding confidentiality obligations and protection mechanisms for sensitive business information.

find out more

Vendor NDA

South African law-governed non-disclosure agreement for protecting confidential information shared with vendors and service providers.

find out more

Corporate Non Disclosure Agreement

South African law-governed confidentiality agreement for corporate entities sharing sensitive business information, compliant with POPIA and local regulations.

find out more

NDA For Suppliers

South African supplier NDA compliant with POPIA and local laws, protecting confidential information in supplier relationships.

find out more

Letter Of Non Disclosure Agreement

A South African letter-format NDA establishing confidentiality obligations between parties, combining business letter format with legal protections under SA law.

find out more

NDA For Interns

South African non-disclosure agreement for interns, protecting company confidential information while complying with local employment and privacy laws.

find out more

Technology NDA

A South African technology-focused non-disclosure agreement protecting technical data and intellectual property, compliant with POPIA and local legislation.

find out more

Product Confidentiality Agreement

South African law-governed agreement protecting confidential product information between parties, ensuring compliance with local data protection and trade secret regulations.

find out more

Non Disclosure Agreement Price

A South African law-governed NDA specifically focused on protecting confidential pricing information and pricing strategies.

find out more

Non Competition Non Solicitation And Confidentiality Agreement

A South African law-governed agreement combining non-compete, non-solicitation, and confidentiality provisions to protect business interests while ensuring compliance with local legislation.

find out more

NDA For Software Development

South African law-compliant NDA for protecting confidential information in software development projects, including source code and technical specifications.

find out more

NDA For Due Diligence

South African Non-Disclosure Agreement tailored for due diligence processes, compliant with POPIA and local corporate laws.

find out more

Mutual Non Circumvention Non Disclosure Agreement

A South African law-governed mutual agreement protecting confidential information and preventing business circumvention between parties.

find out more

Model NDA

South African law-compliant Non-Disclosure Agreement template suitable for various business relationships and confidentiality requirements.

find out more

Confidentiality Agreement For Independent Contractors

A South African law-governed agreement protecting company confidential information shared with independent contractors, ensuring POPIA compliance and information security.

find out more

Non Disclosure Agreement Confidentiality Agreement

A South African law-governed confidentiality agreement protecting sensitive business and personal information with POPIA compliance.

find out more

Employer NDA

South African employer-employee confidentiality agreement protecting company information and trade secrets, compliant with local labor and privacy laws.

find out more

NDA Termination Letter

A South African law-governed letter formally terminating a Non-Disclosure Agreement while preserving relevant confidentiality obligations.

find out more

NDA Mergers And Acquisitions

South African law-governed NDA for M&A transactions, protecting confidential information during corporate deals and due diligence processes.

find out more

Non Disclosure Agreement M&A

South African M&A Non-Disclosure Agreement for protecting confidential information during merger and acquisition transactions, compliant with local laws including POPIA.

find out more

Typical NDA

South African law-compliant Non-Disclosure Agreement protecting confidential information exchange between parties, with POPIA compliance.

find out more

HR Non Disclosure Agreement

South African HR Non-Disclosure Agreement for protecting company confidential information in employment relationships, compliant with local privacy and labor laws.

find out more

Basic Confidentiality Agreement

A South African law-governed confidentiality agreement protecting sensitive information exchange between parties, incorporating POPIA compliance.

find out more

Pawn Agreement And Disclosure

A South African law-governed agreement establishing terms for a pawn transaction, including mandatory disclosures and consumer protections under the National Credit Act.

find out more

Non Disclosure Waiver

A South African law-compliant agreement governing the disclosure and protection of confidential information between parties.

find out more

Letter Reminding Employee Of Confidentiality Agreement

A South African law-compliant letter reinforcing an employee's existing confidentiality obligations and responsibilities under a prior confidentiality agreement.

find out more

Confidentiality Agreement M&A

South African-law governed confidentiality agreement protecting sensitive information during M&A transactions, incorporating local regulatory requirements and market practice.

find out more

NDA Product

South African law-governed Product NDA for protecting confidential product information and related intellectual property.

find out more

HR Confidentiality Agreement

South African HR confidentiality agreement protecting business information and ensuring POPIA compliance in the employment context.

find out more

Confidentiality Agreement Intellectual Property

South African Confidentiality Agreement with IP provisions, providing comprehensive protection for confidential information and intellectual property rights under SA law.

find out more

Restaurant Non Disclosure Agreement

A South African law-compliant non-disclosure agreement designed to protect confidential information in restaurant operations.

find out more

Joinder Agreement NDA

A South African law-governed agreement that enables a new party to join and be bound by an existing non-disclosure agreement.

find out more

Staff Confidentiality Agreement

A South African law-governed agreement establishing employee confidentiality obligations and protecting company information under local data protection requirements.

find out more

NDA Development

A South African law-compliant NDA designed for protecting confidential information in development projects, including technical data and source code.

find out more

Manufacturing NDA

South African law-compliant NDA specifically designed for protecting confidential manufacturing information and trade secrets in manufacturing operations.

find out more

Non Disclosure Agreement For Students

South African student-focused confidentiality agreement balancing organizational security needs with academic requirements.

find out more

Non Compete Disclosure Agreement

A South African law-governed agreement that restricts competitive activities and protects confidential information, ensuring reasonable restraint of trade and information protection.

find out more

Simple NDA

A straightforward Non-Disclosure Agreement under South African law for protecting confidential information in standard business relationships.

find out more

Media Non Disclosure Agreement

South African media industry Non-Disclosure Agreement protecting confidential content and information under South African law.

find out more

NDA Commission Agreement

A South African law-governed agreement combining confidentiality provisions with commission-based sales arrangements between a principal and their sales agent.

find out more

Financial Disclosure Agreement

A South African law-governed agreement establishing terms for confidential financial information disclosure and handling between parties, ensuring regulatory compliance and data protection.

find out more

Exclusivity And Confidentiality Agreement

South African law-governed agreement combining confidentiality obligations with exclusivity provisions to protect sensitive information and establish exclusive business relationships.

find out more

Business Sale Confidentiality Agreement

A South African law-compliant confidentiality agreement used to protect sensitive information during business sale negotiations and due diligence processes.

find out more

Confidentiality Settlement Agreement

A South African law-governed agreement that resolves disputes while establishing confidentiality obligations between parties.

find out more

Project NDA

Project-specific non-disclosure agreement compliant with South African law, protecting confidential information exchanged during project execution.

find out more

Non Disclosure Settlement Agreement

A South African law-governed agreement that resolves disputes while ensuring confidentiality of settlement terms and related information.

find out more

Non Mutual NDA

A South African law-governed unilateral NDA protecting one party's confidential information shared with another party.

find out more

International NDA Agreement

South African law-governed international NDA template for cross-border confidentiality protection and data transfers.

find out more

Indefinite NDA

South African law-governed indefinite non-disclosure agreement for protecting confidential information and trade secrets.

find out more

Non Disclosure Agreement Employee Termination

A South African law-governed agreement protecting company confidential information upon employee termination.

find out more

Perpetual Non Disclosure Agreement

A South African law-governed agreement establishing perpetual confidentiality obligations for protecting sensitive business information.

find out more

Non Disclosure Agreement For Website Development

South African Non-Disclosure Agreement for website development projects, protecting confidential information and digital assets under SA law.

find out more

Mutual NDA

South African law-governed mutual non-disclosure agreement for protecting confidential information exchange between parties.

find out more

Data Disclosure Agreement

A South African law-governed agreement establishing terms for sharing personal and confidential information between parties, ensuring POPIA compliance and data protection.

find out more

Unilateral NDA

A South African law-governed one-way confidentiality agreement protecting proprietary information disclosed between parties, with comprehensive protection mechanisms and local legal compliance.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: /our-research
Oops! Something went wrong while submitting the form.

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our for more details and real-time security updates.