The information contained on this website is aimed at providing members of the public with guidance on the law in South Africa. agreement provide Employee access to trade secrets, customers and other confidential data . The Employee Non-Disclosure Agreement is a standard contract used with new hires. A non-disclosure or confidentiality agreement should specify what remains private—trade secrets, company finances, customer lists, and so on. A Non Disclosure Agreement (generally abbreviated as NDA) is a legal document – a contract – which is signed between two parties. A Confidentiality Agreement (or Non-Disclosure Agreement) is a legal document created between two parties that wish to share confidential information between them, while legally forbidding either party to disclose the information to any other person or entity. Registration processes for Designs, Trade Marks, Patents and Plant Breeders Rights are conducted by the Companies and Intellectual Property Registration Office (CIPRO). Employee agrees to retain said information as confidential and not to use . setAttribute('background','0'); First, the party involved in the unauthorized conduct may be an employee.In this case, the remedies available to the employer differ depending on whether the violation occurred during or after the termination of the employment contract. ... unless it is proven by the employee that the restraint is unreasonable and contrary to public policy. Non-disclosure agreements are legal contracts that prohibit someone from sharing information deemed confidential. style.position = 'absolute'; So, there’s no need to draw attention to a restricted expertise in the region, say for example, marketing or teaching. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT entered into between Cee Vee Transport Consultants SA (Pty) Ltd Registration number 2013/037841/07 Of 5 Sardine Drive, Pennington, 4184, South Africa (hereinafter referred to as “the First Disclosing Party”) And Registration number _____ It must also list exceptions to the non-disclosure clause (lawyers, spouses, etc. // document.getElementById('objSWF').style.display = 'block' ). setAttribute('src','/uniScripts/mgrqispi.dll?APPNAME=LawLiveSA&PRGNAME=VideoDownload&ARGUMENTS=-AConfidentiality Agreements'); //Nothing Companies will often express interest in protecting their confidential information and proprietary data when entering a new business relationship with any entity at the time of hiring. } function playVideo(){ The short time from completion on line to delivery of documents is extremely cost effective for us and to know that we have covered off on the legislative side on our employment contracts is also assuring. There are lots of situations where you might want to disclose information that is private, valuable or both. var toohigh = ((winH / 2) - 247 < 290); if (navigator.appName=="Netscape") { In addition, we provide market leading advisory and drafting services at a fraction of the price of conventional law firms. var objSWF = document.createElement('iframe'); window.scroll(0,toohigh?290:(winH / 2) - 247); The above categories of IP can be transferred to a 3rd party and are often included as part of a sale of business. innerHTML = 'Close This Video'; Being a mutual agreement, both sides agree to the same terms of disclosure, but not necessarily the disclosure of the same information. } CIPRO keeps a public record and its website at gives detailed information about the IP regime and extensive related information. This Non-Disclosure Agreement (hereinafter the “Agreement”) is made and entered into on May 4, 2005 by and between the Affiliated Companies, which included but are not limited to, Silver Valley Capital, Sterling Mining Company, Kimberly Gold Mines, Inc. Shoshone Silver Mining Company (hereinafter the “Company”), and Michael L. Mooney (hereinafter “Employee”). Non-Disclosure Agreement was created using free resources available on Much of the time, the party (whether a business or individual) to whom you divulge will be in a situation to be able to benefit from the using the information (perhaps in direct competition against you) or the passing of it on to someone else. var winH = window.innerHeight; To conclude a non-disclosure agreement, you now need only to: select one of our 10 template NDAs; complete the NDA online; print; and; sign it! style.overflow = 'hidden'; The place of jurisdiction is the Courts of the City of Valencia. ... Meeting Confidentiality Agreement (Non-Disclosure) ... a formal Release document may also include an undertaking whereby the executive/employee is to refrain from disclosing certain Confidential Information. style.height = '495px'; setTimeout("ShowVideo()",5000) } This agreement can be used to give a clear indication as to … Thanks for the additional works to incorporate our logo it was greatly appreciated. Ask employees to sign non-compete and/or non-disclosure agreements (NDAs) Ask for authorization by senior management to allow employees to access certain confidential information; Exceptions. var winH = document.body.offsetHeight; style.width = '640px'; This is why most of the non disclosure agreement templates we have available for download have an … function closeVid(){ A separate type of IP is covered by the term Confidential Information which protects information not in the public domain which sometimes includes know-how. style.left = (winW / 2) - 320 + 'px' Skylaw’s goal is to provide entrepreneurs with the resources required to prepare excellent quality legal documents, themselves, for free. Non-Disclosure Agreement (NDA) – The employee cannot to reveal trade secrets to any third (3rd) party but is allowed to work for any competitor or related employer. When a business contracts with an outside service provider to provide goods and/or services, the business will often require the service provider to sign a Confidentiality Agreement protecting the proprietary information of the business as an essential condition of the contract. style.zIndex = '999'; Employers may require that the separation agreement conditions and details remain confidential. This non-compete agreement shall extend only for a radius of_____ miles from style.width = '0px'; D. Notice of Unauthorized Use or Disclosure. setAttribute('id','objSWF'); function doSearch(frmobj){ Thousands of satisfied customers have used Agreements Online because: Our business agreements are drafted in South Africa, by South Africans, in terms of South African law. Any provision of this agreement, including price list, can be amended by individual agreements made in writing. Postal Address Private Bag X1, Matieland, 7602, South Africa Examples are: and good will. Second, the unauthorized use may involve a competitor, which is recognized in South Africa as a form o… var winW = window.innerWidth; STELLENBOSCH UNIVERSITY . However any sale of IP may have taxation implications when goodwill is included with the sale and we strongly recommend that appropriate professional advice be sought when dealing with the transfer of IP. Non-disclosure Agreement. Confidentiality Agreement (South Africa) Customize a Confidentiality Agreement Legal Form now! Confidential information may occasionally have to be disclosed for legitimate reasons. If interested, you can find free confidentiality agreements from UpCounsel attorneys here: The confidential information is defined in the agreement which includes, but not limited to, proprietary information, trade secrets, and any other details which may include personal information or events. frameBorder = 0; '290px':(winH / 2) - 247+'px'; Employee is bound by this Agreement to notify the Company in the event of a breach of agreement involving the dissemination of Confidential Information, either by the Employee or a third party, and will do everything possible to help the Company regain possession of the Confidential Information. In South Africa, cases involving unauthorized conduct in relation to trade secrets (including acquisition, use, and publication) may be categorized around the actors involved. function ShowVideo(){ } catch (err){ IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL LOCAL DIVISION, DURBAN CASE NO: 6970/2017 ... Disclosure and Non-Circumvention Agreement on 20 April 2017. Non-Disclosure Agreement (NDA) Template – Sample. To ensure that the employee terms are not revealed; To prevent untimely disclosure of the impending strategy changes and introductions in the company > Benefits of Human Resources Confidentiality Agreement. NON-DISCLOSURE The Employee acknowledges that all right, title and interest in and to the Confidential Information vests in the Company and that the Employee has no claim of any nature in and to the Confidential Information. Nothing however came of this engagement. style.textAlign = 'center'; This agreement is subject to Spanish Law. A confidentiality agreement (CA) may also be known as a confidentiality statement, a confidentiality clause, a non-disclosure agreement (NDA), a non-disclosure form, a proprietary information agreement (PIA), or a secrecy agreement (SA). } setAttribute('id','objDIV'); With Agreements Online you can manage your legal matters yourself without having to consult expensive lawyers every time you need a legal agreement template. Individual agreements. This Agreement combines a non-disclosure, a non-competition, and a non-circumvention agreement. } */ NON-DISCLOSURE AGREEMENT. In South Africa, rights are acquired to various categories of intellectual property (IP) either by registration or under common law use. objDIV.appendChild(objSWF) document.location.href = searchPath + frmobj.searchtext.value; style.background = '#333333'; } One way to ensure this protection is by way of non-disclosure agreements, also known as confidentiality agreements. Non-disclosure agreements are identified as agreements that restrict the disclosure of confidential info or proprietary knowledge under particular situations. The parties intend to engage in substantive discussions and sharing of confidential information regarding certain new and useful business opportunities, trade secrets, business entity formation and structuring, and tax planning. style.height = '480px'; 5 EXCLUSIONS 5.1 The Receiving Party recognises that this agreement is not intended to restrict use or disclosure of any portion of the Disclosing Party’s Confidential Information which: 5.1.1 is as at the Effective Date, or later, made known to the public or 10. = toohigh? South African Confidentiality Agreement A Confidentiality (or Non-Disclosure) Agreement is used when one party shares private information with another party, and wishes to restrict the receiving party's use of this information so it is not made public. On termination of employment/engagement, a formal Release document may also include an undertaking whereby the executive/employee is to refrain from disclosing certain Confidential Information. In South Africa, rights are acquired to various categories of intellectual property (IP) either by registration or under common law use. Non-Disclosure Agreement Startup Law Resources Incorporate Venture Capital, Financing Employment Law, Human Resources Business Operations. document.body.removeChild(objDIV); When parties enter into an agreement, confidentiality may be required. } var objDIV = document.createElement('DIV'); style.left = (winW / 2) - 320 + 'px' /* with (document.getElementById('vidloadingtext')){ between . style.width = '640px'; setAttribute('name','objSWF'); Who Handles Non-Disclosure and Confidentiality Agreements For Clients? The non-disclosure agreement is a serious matter; you do not want someone to claim that their signature was forged or that they didn’t understand the agreement alter on. Non-Compete Agreement – The employee cannot to reveal trade secrets to any third (3rd) party and is NOT allowed to work for any competitor or related employer. Non-Disclosure Agreement Page 3 of 7 2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and commercial discussions between the parties in relation to the Proposal or for the subsequent performance of any contract between the … style.overflow = 'hidden'; style.zIndex = 455 I have no hesitation in recommending your services to all other small business owners and managers, I believe we will be using your services in future for additional docume. Confidentiality agreement template south africa “You’re able to benefit from your value proposition that is distinctive to win. style.background = 'transparent'; style.background = 'transparent'; try { var winW = document.body.offsetWidth; Free template confidentiality agreements. document.body.appendChild(objDIV); //window.scrollTo(0,148); Confidentiality Agreement: You are the Discloser, Confidentiality Agreement: You are the Recipient, Confidentiality Deed: Discloser Has IP Rights, Meeting Confidentiality Agreement (Non-Disclosure), © Copyright 2006 - 2020 LawLive International Pty Ltd. style.height = '0px'; = toohigh? } A non-disclosure agreement is an agreement that is entered into by two or more parties, in circumstances wherein they are required to disclose to each other information which is … Confidentiality / Non-disclosure Agreement 1993/004149/30) (“Airports Company”) of ... disclosing party to any employee, consultant, professional adviser, contractor or sub-contractor or agent of the receiving PRIVACY, Telephone: 072 045 6365 | Email:, Cheap Legal Advice From Legal Wise South Africa. setAttribute('name','objDIV'); agreement • if there is no collective agreement, a workplace forum (if in existence) ... employer nonetheless elects to consult with a non-unionised individual, notwithstanding the presence of a collective ... Metalworkers of South Africa obo Members and Another v South … with (objSWF){ innerHTML += '
'; var searchPath = '/uniScripts/mgrqispi.dll?APPNAME=LawLiveSA&PRGNAME=SearchDocumentList&ARGUMENTS=-A' } Physical Address Administration Building B, Victoria Street, Stellenbosch, South Africa . style.position = 'absolute'; with (objDIV){ with (objSWF){ } This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enables parties to explore the possibilities for a deal before signing an agreement that covers the terms. You can use this confidentiality agreement to prevent them from acting on the information a… Applicable law. '290px':(winH / 2) - 247+'px'; if (navigator.appName.indexOf("Microsoft")!=-1) { Agreement, regardless of cause, in perpetuity. said information on his or her won behalf or disclose same to any third party. style.background = '#333333'; An employer will generally include a confidentiality clause in an employment agreement, especially when engaging executives and senior management. Our free template confidentiality agreements have been upgraded. } Quite simply, a potential staff member or partner agrees to perhaps not reveal certain inner trade secrets in … 9. AND NON-DISCLOSURE AGREEMENT between AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED (Registration No. document.getElementById('vidloadingtext').style.display = 'none'