This Non Disclosure Agreement For Technology Company is designed specifically for use in the South African technology sector, where protection of proprietary information and innovation is crucial. The document is typically used when technology companies need to share sensitive information with third parties during business negotiations, collaborative projects, or potential partnerships. It incorporates requirements from South African legislation, including POPIA, the Electronic Communications and Transactions Act, and common law principles protecting trade secrets. The agreement is particularly relevant for situations involving technical specifications, source code, algorithms, research and development data, and other forms of intellectual property common in the technology sector. It includes specific provisions for digital information handling and cybersecurity measures, making it suitable for modern technology business operations in South Africa.
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1. Parties: Identification of the disclosing and receiving parties, including registration details for companies
2. Background: Context of the agreement and purpose of information sharing
3. Definitions: Detailed definitions including 'Confidential Information', 'Trade Secrets', 'Technical Data', 'Intellectual Property', and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and the extent of protection
5. Obligations of the Receiving Party: Core confidentiality obligations and security measures required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and obligations that continue after termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions for POPIA compliance when personal information is involved
2. Source Code Protection: Special provisions for protecting software source code and related technical documentation
3. Reverse Engineering Prohibition: Specific restrictions on reverse engineering of technical products or processes
4. Residual Knowledge: Provisions addressing use of general knowledge and experience gained
5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws
6. Export Control: Provisions for technology subject to export control regulations
7. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
1. Schedule A - Description of Confidential Information: Detailed list or categories of protected confidential information
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule D - Approved Purpose: Detailed description of the permitted use of confidential information
5. Appendix 1 - Data Processing Terms: Specific terms for handling personal information under POPIA, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Artificial Intelligence
Cybersecurity
Fintech
Telecommunications
Biotechnology
E-commerce
Cloud Computing
Internet of Things (IoT)
Digital Healthcare
Mobile Applications
Data Analytics
Blockchain
Electronic Manufacturing
Relevant Teams
Legal
Information Technology
Research and Development
Information Security
Procurement
Business Development
Software Development
Product Development
Data Protection
Compliance
Innovation
Corporate Development
Technical Operations
Relevant Roles
Chief Technology Officer
Chief Information Officer
Legal Counsel
Information Security Manager
Software Development Manager
Project Manager
Business Development Director
Research and Development Director
IT Manager
Data Protection Officer
Procurement Manager
Innovation Manager
System Architect
Technical Lead
Compliance Officer
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