The Confidentiality Agreement For Vendors serves as a crucial legal instrument for businesses operating in Nigeria who need to share sensitive information with external vendors while maintaining control over its use and disclosure. This document is essential when engaging with suppliers, service providers, or contractors who require access to proprietary information, trade secrets, customer data, or other confidential business information. The agreement is structured to comply with Nigerian law, particularly the Nigeria Data Protection Regulation (NDPR) 2019 and relevant common law principles. It should be implemented before sharing any sensitive information with vendors and includes specific provisions for data protection, information security requirements, and breach remedies that are enforceable under Nigerian jurisdiction.
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1. Parties: Identification of the disclosing party (company) and receiving party (vendor), including full legal names and registered addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions for compliance with NDPR 2019, required when confidential information includes personal data
2. Intellectual Property Rights: Additional provisions protecting IP rights, needed when confidential information includes patents, trademarks, or other IP
3. Non-Competition: Restrictions on competitive activities, included when vendor may gain competitive advantage from confidential information
4. Non-Solicitation: Restrictions on soliciting employees or customers, relevant for vendors with direct access to internal operations
5. Information Security Requirements: Specific technical and organizational measures required for data security, needed for digital information handling
6. Audit Rights: Right to audit vendor's compliance with confidentiality obligations, important for high-risk relationships
7. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations, relevant in long-term relationships
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by authorized representatives who will access confidential information
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