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Non Disclosure Agreement (Insurance)

Non Disclosure Agreement (Insurance) Template for South Africa

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Key Requirements PROMPT example:

Non Disclosure Agreement (Insurance)

"I need a Non Disclosure Agreement (Insurance) for a South African insurance company engaging with a third-party claims management software provider, with special focus on protecting our actuarial data and client personal information, to be effective from March 2025."

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Document background
The Non Disclosure Agreement (Insurance) is essential for protecting confidential information exchanged within South Africa's insurance sector. This document is typically used when insurance companies, brokers, or service providers need to share sensitive information such as underwriting data, claims histories, actuarial models, or client personal information. It ensures compliance with South African legislation, particularly POPIA, the Insurance Act, and FAIS Act requirements. The agreement is crucial for maintaining confidentiality during insurance transactions, mergers and acquisitions, outsourcing arrangements, or collaborative ventures within the insurance industry. It includes specific provisions for handling both general business information and personal information as defined under South African law.
Suggested Sections

1. Parties: Identification and details of the parties entering into the NDA, including registration numbers and addresses

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

3. Definitions: Detailed definitions of terms used in the agreement, particularly 'Confidential Information', 'Trade Secrets', 'Personal Information', and other insurance-specific terms

4. Interpretation: Rules for interpreting the agreement, including references to legislation and industry terms

5. Scope of Confidentiality: Detailed description of what constitutes confidential information in the insurance context

6. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including regulatory requirements

8. Data Protection and POPIA Compliance: Specific provisions relating to personal information handling and POPIA compliance

9. Security Measures: Required security measures for protecting confidential information

10. Duration and Survival: Term of the agreement and provisions that survive termination

11. Return or Destruction of Information: Procedures for returning or destroying confidential information

12. Breach and Remedies: Consequences of breach and available remedies

13. General Provisions: Standard boilerplate clauses including notices, governing law, jurisdiction

Optional Sections

1. Third Party Disclosure: Additional provisions for when confidential information needs to be shared with third parties such as reinsurers or actuaries

2. International Transfer of Information: Required when confidential information may be transferred across borders

3. Intellectual Property Rights: Specific provisions regarding IP rights when the confidential information includes proprietary systems or methodologies

4. Insurance Industry Regulatory Compliance: Additional compliance requirements specific to certain insurance sectors

5. Digital Data Handling: Specific provisions for electronic storage and transmission of confidential information

6. Force Majeure: Provisions for handling confidential information during unexpected events or disasters

7. Non-Solicitation: Additional provisions preventing solicitation of employees or clients, if relevant to the business relationship

Suggested Schedules

1. Schedule 1: Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement

2. Schedule 2: Authorized Personnel: List of personnel authorized to access confidential information

3. Schedule 3: Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4: Data Processing Requirements: Specific requirements for processing personal information under POPIA

5. Appendix A: Information Security Standards: Technical standards and requirements for information security

6. Appendix B: Incident Response Procedures: Procedures for handling and reporting security incidents or breaches

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

Insurance

Financial Services

Healthcare

Technology

Professional Services

Risk Management

Banking

Wealth Management

Employee Benefits

Maritime Insurance

Aviation Insurance

Property Insurance

Life Insurance

Corporate Insurance

Relevant Teams

Legal

Compliance

Risk Management

Underwriting

Claims

Actuarial

Information Technology

Data Protection

Operations

Business Development

Product Development

Customer Service

Broker Relations

Reinsurance

Information Security

Relevant Roles

Chief Executive Officer

Chief Risk Officer

Chief Information Officer

Chief Underwriting Officer

Chief Actuary

Compliance Officer

Legal Counsel

Insurance Broker

Underwriting Manager

Claims Manager

Risk Manager

Data Protection Officer

Business Development Manager

Product Development Manager

Operations Manager

IT Security Manager

Actuarial Analyst

Insurance Administrator

Reinsurance Manager

Portfolio 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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