The Confidentiality Non Disclosure Agreement Form is a critical legal instrument used in Nigerian business transactions where parties need to share sensitive information while ensuring its protection. This document is essential when businesses, individuals, or organizations need to disclose confidential information such as trade secrets, proprietary technology, business plans, or customer data. The agreement, governed by Nigerian law, includes specific provisions for compliance with local regulations including the NDPR, cybercrime laws, and common law principles. It's particularly relevant in business negotiations, employment relationships, consultancy arrangements, and potential partnerships, providing legal recourse through Nigerian courts in case of unauthorized disclosure or misuse of confidential information.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and what is excluded
5. Obligations of the Receiving Party: Core confidentiality obligations, protection measures, and standard of care required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Remedies: Available remedies in case of breach, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Required when confidential information includes personal data subject to NDPR
2. Intellectual Property Rights: Needed when confidential information includes or relates to IP rights
3. Non-Solicitation: Optional clause preventing poaching of employees or clients, often included in business contexts
4. Security Measures: Detailed IT and physical security requirements, necessary for highly sensitive information
5. Export Control: Required when dealing with international parties or controlled technical information
6. Reverse Engineering Prohibition: Important for technical or product-related confidential information
7. Force Majeure: May be included to address unforeseen circumstances affecting confidentiality obligations
8. Independent Contractor Relationship: Clarifies relationship between parties when needed
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
5. Appendix B - Data Processing Terms: Specific terms for handling personal data when applicable
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