In South Africa, there is currently no general data protection law and, therefore, information disclosed confidentially is not necessarily protected by law. The Personal Data Protection Act (POPI), currently being drafted by the South African Legal Commission, is such a general law, but it is not yet in force. See our article “Data protection: will the wait stop soon?”. However, some laws (e.g. the National Credit Act) protect “confidential information”. In addition, confidentiality clauses contained in confidentiality agreements are the only way to protect economically confidential information. Once popi becomes law, confidential information will be part of the definition of “personal data” that will be protected by law. For inventors who wish to commission an engineer or designer to evaluate and/or develop their product, we have developed a new privacy and informal order letter. You can also use our Term Sheet to create your own tailor-made confidentiality agreement. There is a tendency for people to demand the signing of confidentiality or confidentiality agreements (NSAs). An NDA is useful: While you feel like you`re stuck between “a rock and a hard place,” it`s best to have an NDA in place, provided you`ve carefully thought about how you want to protect your confidential information in practice. In all these circumstances, the use of NSDAs serves to provide some protection and to demonstrate that no general disclosure is contemplated.