This Unilateral Non-Disclosure Agreement is essential for businesses and individuals operating in Nigeria who need to share sensitive information with another party while maintaining strict confidentiality. The document is particularly relevant when engaging with contractors, service providers, potential business partners, or during preliminary business discussions where proprietary information needs to be disclosed. It provides comprehensive protection under Nigerian law, incorporating relevant provisions from the Nigerian Data Protection Regulation 2019, the Cybercrimes Act 2015, and established common law principles. The agreement is structured to be enforceable in Nigerian courts and includes specific provisions for both local and international parties. It's commonly used in scenarios such as business negotiations, vendor relationships, consulting arrangements, and potential partnerships where one party (the Disclosing Party) needs to share confidential information while ensuring the other party (the Receiving Party) maintains strict confidentiality.
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1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and addresses
2. Background: Context of the disclosure relationship and purpose of the agreement
3. Definitions: Clear definitions of 'Confidential Information', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations of the Receiving Party
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Security Measures: Required measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Remedies: Available remedies in case of breach, including injunctive relief
11. Governing Law and Jurisdiction: Specification of Nigerian law and jurisdiction
12. Entire Agreement: Standard boilerplate confirming this is the complete agreement
13. Execution: Signature blocks and execution details
1. Intellectual Property Rights: Section clarifying ownership of IP rights when confidential information includes intellectual property
2. Data Protection Compliance: Additional provisions when confidential information includes personal data under NDPR
3. Export Control: Required when confidential information may be subject to export control regulations
4. Non-Solicitation: Optional restriction on soliciting employees or customers, if relevant to the business relationship
5. Survival: Specific provisions that survive termination of the agreement
6. Assignment: Rights and restrictions regarding assignment of the agreement
7. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances
8. Digital Security Measures: Specific provisions for digital storage and transmission of confidential information
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 or handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed
4. Appendix A - Acceptable Use Policy: Guidelines for handling and using confidential information
5. Appendix B - Data Handling Procedures: Specific procedures for handling different types of confidential information
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