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Unilateral NDA

Unilateral NDA Template for South Africa

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Key Requirements PROMPT example:

Unilateral NDA

"I need a Unilateral NDA under South African law for my technology company to share sensitive product development information with a potential manufacturing partner, with special emphasis on protecting our software code and technical specifications."

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Document background
This Unilateral NDA is essential for business situations in South Africa where one party (the Disclosing Party) needs to share confidential or proprietary information with another party (the Receiving Party) while maintaining strict control over its use and dissemination. The document is particularly relevant for business negotiations, potential partnerships, vendor relationships, or employment contexts where sensitive information needs protection. It incorporates South African legal requirements, including relevant provisions of POPIA, the Electronic Communications and Transactions Act, and common law principles. The agreement provides comprehensive protection mechanisms while ensuring practical functionality in the South African business environment, with specific attention to local enforcement mechanisms and remedies available under South African law.
Suggested Sections

1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and registration details

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

3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Purpose', 'Authorized Representatives', and other key terms

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

5. Obligations of Confidentiality: Core confidentiality obligations of the Receiving Party

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to authorized representatives or as required by law

7. Security Measures: Required measures for protecting and securing confidential information

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

9. Duration and Survival: Term of the agreement and surviving obligations

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

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

Optional Sections

1. Data Protection Compliance: Specific provisions for POPIA compliance when confidential information includes personal information

2. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes patentable or copyrightable material

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

4. Non-Solicitation: Optional restriction on soliciting employees or customers, if relevant to the business relationship

5. Digital Security Measures: Specific provisions for protecting digital or electronic confidential information

6. Audit Rights: Provisions allowing the Disclosing Party to audit the Receiving Party's compliance

7. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances

Suggested Schedules

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

2. Schedule B - Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Schedule C - Security Protocols: Specific security measures and protocols required for handling confidential information

4. Schedule D - Destruction Certificate: Template certificate confirming destruction of confidential information when required

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

Manufacturing

Financial Services

Healthcare

Professional Services

Research and Development

Biotechnology

Mining and Resources

Telecommunications

Retail and Consumer Goods

Education and Training

Energy and Utilities

Legal Services

Media and Entertainment

Consulting

Relevant Teams

Legal

Human Resources

Research and Development

Business Development

Executive Leadership

Information Technology

Operations

Procurement

Finance

Innovation

Product Development

Compliance

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Business Development Manager

Legal Counsel

Human Resources Director

Research Director

Project Manager

Investment Manager

Procurement Manager

Operations Director

Innovation Manager

Strategic Partnership Manager

Compliance Officer

Technical Lead

Product 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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