Free tool · Extra tool

NDA Generator

A solid, readable non-disclosure agreement in about 10 minutes — mutual or one-way, under South African law — with a one-page guide on using it properly.

A solid, readable NDA in about 10 minutes.
Answer the questions below and generate two documents: a Non-Disclosure Agreement under South African law — mutual or one-way — and a one-page guide on using it properly, because an unsigned NDA in a drawer protects nobody. Nothing you type leaves your browser.
Just looking? See finished examples first:
Recommended: for high-stakes disclosures — core trade secrets, technology handovers, due diligence on a sale of the business — have the completed NDA reviewed by an attorney before signing. This tool covers the everyday cases well; it can't weigh what your secrets are worth.

1 What kind of NDA?

This is the one structural choice — it changes the whole document.

2 First party

Usually you or your business. If you've used another SmmeComplyZA tool on this device, a banner will offer your saved details.

3 Second party

The other side.

4 The purpose

The most important field on this page. Courts read an NDA against its stated purpose — vague purpose, weak NDA.
Why this matters: the agreement only permits the information to be used for this purpose. A specific purpose makes any other use an obvious breach. A vague one gives the other side room to argue. One or two precise sentences beat a paragraph of everything-and-anything.

5 Terms

Sensible defaults — change only what you need to.
A defined survival period is deliberate: "confidential forever, everything, always" reads tough and enforces badly. Three years covers most commercial information's useful life; pick the trade-secret option only if genuinely secret know-how (formulas, processes) is changing hands.
Include the POPIA clause If any personal information — client lists, staff details, ID numbers — will be shared, this clause makes each party process it lawfully under POPIA and only for the purpose. Leave it ticked unless you're certain no personal information is involved; it costs nothing if unused.
Include witness signature lines Not legally required — but two signatures on the day end the "I never signed that" argument before it starts.
Stuck? You're not alone.

"Mutual or one-way — which do I pick?"

Ask who's actually revealing secrets. Pitching your idea to a potential investor or manufacturer: one-way, you're the discloser. Exploring a partnership, joint venture or supply deal where both sides open their books: mutual. If in doubt, mutual — it's fair, it's what the other side would ask for anyway, and it protects you if the conversation goes further than planned.

"They sent me THEIR NDA instead — should I just sign it?"

Read it for three things before signing: is it mutual or does it only bind you; how long does confidentiality last (indefinite-everything is a red flag both ways); and does it quietly include a non-compete or non-solicitation clause — that's a restraint of trade dressed up as an NDA, and it's a bigger decision than confidentiality. If any of those bother you, propose this one instead.

"Someone breached the NDA — now what?"

Move fast. Gather your evidence (your disclosure record earns its keep here), send a written demand to stop, and get an attorney involved immediately — the agreement's remedies clause is built for an urgent interdict, and urgency is measured from when you knew. An NDA doesn't physically stop anyone; it converts a betrayal into a claim you can win.

"Do I need an NDA for my own employees?"

No — confidentiality belongs in their employment contract, where it survives termination. The Employment Contract tool in this suite includes exactly that clause. NDAs are for outsiders: prospects, suppliers, collaborators, investors.

"Is a WhatsApp 'I agree' or an emailed signature good enough?"

SA law recognises electronic signatures for an agreement like this, and a clearly accepted emailed copy is far better than nothing. But a properly signed document — wet ink or a proper e-signing platform — is the version you want to wave at a judge. If the information matters enough for an NDA, it matters enough for a real signature before you disclose.