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Non Compete Non Disclosure Agreement

Non Compete Non Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

Non Compete Non Disclosure Agreement

"I need a Non-Compete Non-Disclosure Agreement for a senior software developer leaving our South African technology company in March 2025, with specific focus on protecting our client lists and proprietary coding frameworks."

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Document background
This Non-Compete Non-Disclosure Agreement is essential for businesses operating in South Africa seeking to protect their confidential information and competitive position. It is particularly relevant when engaging employees, contractors, or business partners who will have access to sensitive information or could potentially compete with the business. The document must comply with South African legal requirements, including the Constitution, Competition Act, and common law principles regarding restraint of trade. It should be used when there is a legitimate business interest to protect, such as trade secrets, client relationships, or proprietary technology. The agreement typically includes specific provisions about the duration and geographical scope of restrictions, detailed definitions of confidential information, and clear obligations regarding non-disclosure and non-competition.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the relationship between parties and purpose of the agreement

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Competitive Activity', 'Restricted Period', and 'Restricted Territory'

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

5. Non-Compete Provisions: Specific restrictions on competitive activities, including temporal and geographical scope

6. Duration: Time period for both confidentiality and non-compete obligations

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed

8. Return of Confidential Information: Obligations regarding the return or destruction of confidential materials

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

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

Optional Sections

1. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers - used when business relationships need specific protection

2. Intellectual Property Rights: Specific provisions regarding IP ownership and protection - included when IP is a significant concern

3. Data Protection: POPIA compliance provisions - required when personal information processing is involved

4. Assignment Rights: Rights to assign the agreement - included when transfer of rights might be necessary

5. Survival Clause: Specifies which obligations survive termination - used in complex commercial relationships

6. Independent Contractor Status: Clarification of relationship between parties - used when contractor relationship needs to be explicitly stated

Suggested Schedules

1. Schedule A - Confidential Information: Detailed list or categories of information considered confidential

2. Schedule B - Restricted Activities: Specific description of prohibited competitive activities

3. Schedule C - Restricted Territory: Detailed geographical scope of non-compete restrictions

4. Schedule D - Key Customers/Suppliers: List of specific customers or suppliers covered by non-solicitation provisions

5. Appendix 1 - Security Measures: Required security protocols for handling confidential information

6. Appendix 2 - Disclosure Log: Template for recording authorized disclosures of confidential information

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

Financial Services

Manufacturing

Professional Services

Healthcare

Telecommunications

Research and Development

Biotechnology

Engineering

Retail

Mining

Energy

Consulting

Software Development

Education

Relevant Teams

Human Resources

Legal

Research and Development

Information Technology

Sales

Executive Leadership

Product Development

Business Development

Operations

Finance

Strategy

Marketing

Engineering

Customer Success

Professional Services

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Developer

Research Scientist

Sales Director

Product Manager

Business Development Manager

Technical Consultant

Project Manager

Account Executive

Systems Architect

Senior Engineer

Department Head

Regional Manager

Strategy Consultant

HR Director

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

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