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Proprietary Information Agreement

Proprietary Information Agreement Template for South Africa

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Key Requirements PROMPT example:

Proprietary Information Agreement

"I need a Proprietary Information Agreement that will protect my tech startup's confidential information when sharing it with potential investors in South Africa, including specific provisions for protecting our software code and development roadmap."

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Document background
The Proprietary Information Agreement is essential for businesses and individuals operating in South Africa who need to protect confidential information during business relationships, negotiations, or collaborations. This document type is particularly crucial given South Africa's robust legal framework for data protection, including POPIA compliance requirements and common law principles protecting confidential information. The agreement typically covers various types of proprietary information including trade secrets, technical data, business strategies, customer information, and intellectual property. It's commonly used in scenarios such as business negotiations, due diligence processes, contractor engagements, and potential partnerships, where sensitive information needs to be shared while maintaining legal protection under South African jurisdiction.
Suggested Sections

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the agreement and purpose for sharing confidential information

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

4. Disclosure of Confidential Information: Scope and manner of information disclosure

5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the information

6. Protection of Confidential Information: Security measures required to protect the confidential information

7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

8. Duration and Termination: Term of the agreement and survival of obligations

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

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

Optional Sections

1. Permitted Disclosures: Used when certain categories of disclosure need to be explicitly permitted (e.g., to professional advisors or regulators)

2. Data Protection Compliance: Required when personal information under POPIA will be included in the confidential information

3. Intellectual Property Rights: Included when the confidential information includes IP that needs specific protection

4. Non-Solicitation: Added when there's a need to prevent poaching of employees or clients

5. Export Control: Required when confidential information may be subject to export control regulations

6. Competition Law Compliance: Needed when parties are competitors or when information sharing could raise competition law concerns

7. Publicity and Announcements: Included when there's a need to control public statements about the relationship

8. Force Majeure: Added when long-term obligations need protection against unforeseen events

Suggested Schedules

1. Description of Confidential Information: Detailed list or categories of information covered by the agreement

2. Authorized Representatives: List of individuals authorized to receive or handle confidential information

3. Security Protocols: Specific security measures and procedures required for protecting the information

4. Approved Third Party Recipients: Pre-approved third parties who may receive the confidential information

5. Data Processing Terms: Detailed terms for processing personal information in compliance with POPIA

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 and Software

Financial Services

Manufacturing

Healthcare

Professional Services

Research and Development

Mining and Resources

Telecommunications

Retail and Consumer Goods

Education

Biotechnology

Energy and Utilities

Legal Services

Media and Entertainment

Construction and Engineering

Relevant Teams

Legal

Compliance

Human Resources

Information Technology

Research and Development

Business Development

Executive Leadership

Procurement

Information Security

Risk Management

Operations

Finance

Corporate Development

Innovation

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Business Development Manager

Research Director

Project Manager

Human Resources Director

Chief Technology Officer

Chief Financial Officer

Procurement Manager

Investment Manager

Operations Director

Information Security Officer

Risk Manager

Commercial Director

Partnership Manager

Innovation Lead

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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