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HR Non Disclosure Agreement

HR Non Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

HR Non Disclosure Agreement

"I need an HR Non-Disclosure Agreement for our Cape Town-based tech startup that will be hiring software developers in March 2025; it needs to specifically cover source code protection and client data security, with extra provisions for remote working arrangements."

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Document background
This HR Non-Disclosure Agreement is essential for South African businesses seeking to protect their confidential information, trade secrets, and intellectual property in the context of employment relationships. The document is designed to comply with South African legislation, including the Protection of Personal Information Act (POPIA), Labour Relations Act, and relevant common law principles. It should be used when engaging new employees, contractors, or consultants who will have access to sensitive company information. The agreement covers definitions of confidential information, obligations for information handling, permitted disclosures, duration of confidentiality obligations, and remedies for breach. This template is particularly relevant for businesses operating in sensitive industries or handling personal information, and should be customized based on the specific role and level of access to confidential information.
Suggested Sections

1. Parties: Identification of the employer and employee/contractor, including full legal names and details

2. Background: Context of the agreement, employment relationship, and need for confidentiality

3. Definitions: Detailed definitions of terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other key terms

4. Scope of Confidential Information: Comprehensive description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized business purposes

7. Duration of Obligations: Period during which confidentiality obligations remain in force, including post-employment obligations

8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request

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. Intellectual Property Rights: Additional provisions specifically protecting IP rights, recommended when the employee will be involved in creative or technical work

2. Non-Competition: Restrictions on competitive activities, only to be included if reasonable and necessary for business protection

3. Non-Solicitation: Provisions preventing solicitation of employees or clients, optional based on employee role

4. Data Privacy Compliance: Specific POPIA compliance provisions, recommended for roles involving personal information processing

5. Third Party Information: Provisions regarding confidential information belonging to third parties, relevant when employee will handle client or partner information

6. Information Security Protocols: Specific security measures and protocols, recommended for technical or senior roles

7. Monitoring and Reporting: Procedures for monitoring compliance and reporting breaches, suitable for high-security environments

Suggested Schedules

1. Schedule A - Categories of Confidential Information: Detailed list of specific types of confidential information covered

2. Schedule B - Authorized Recipients: List of persons or roles authorized to receive specific categories of confidential information

3. Schedule C - Security Procedures: Detailed security protocols and procedures for handling confidential information

4. Schedule D - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

5. Appendix 1 - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the NDA

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

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Mining

Telecommunications

Education

Research and Development

Pharmaceutical

Energy

Media and Entertainment

Automotive

Construction

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Finance

Executive Leadership

Sales

Marketing

Operations

Product Development

Customer Service

Administration

Business Development

Data Analytics

Quality Assurance

Relevant Roles

Chief Executive Officer

Human Resources Manager

IT Manager

Software Developer

Financial Controller

Research Scientist

Product Manager

Sales Director

Legal Counsel

Marketing Manager

Data Analyst

Project Manager

Systems Administrator

Business Development Manager

Operations Manager

Executive Assistant

Department Head

Consultant

Technical Specialist

Administrative Officer

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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