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Confidentiality And Non Compete Agreement for Nigeria

Confidentiality And Non Compete Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law that combines confidentiality obligations with non-compete restrictions. The agreement protects sensitive business information while preventing unfair competition by restricting the receiving party from engaging in competitive activities within specified geographical and temporal limits. The document is structured to comply with Nigerian contractual principles and common law traditions, incorporating both statutory requirements and case law precedents regarding restraint of trade. It includes detailed provisions for handling confidential information, scope of competitive restrictions, and enforcement mechanisms suitable for the Nigerian business environment.

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What is a Confidentiality And Non Compete Agreement?

The Confidentiality and Non-Compete Agreement is essential in the Nigerian business context where protection of trade secrets and prevention of unfair competition are crucial for business success. This document is typically used when engaging employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat. It combines two critical elements: confidentiality provisions protecting proprietary information, trade secrets, and business methods, and non-compete provisions restricting competitive activities within reasonable geographical and time boundaries as per Nigerian law. The agreement is particularly relevant in today's competitive business environment where employee mobility and information security are key concerns. It must be carefully drafted to ensure enforceability under Nigerian law, which requires that restrictive covenants be reasonable and proportionate to protect legitimate business interests.

What sections should be included in a Confidentiality And Non Compete Agreement?

1. Parties: Identifies and defines the parties to the agreement, including their registered addresses and company details

2. Background: Sets out the context of the agreement and the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competitive Activities', and 'Restricted Period'

4. Confidentiality Obligations: Details the obligations regarding handling, protection, and non-disclosure of confidential information

5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed

6. Non-Compete Obligations: Sets out restrictions on competitive activities, including scope, duration, and geographical limitations

7. Non-Solicitation: Prohibitions on soliciting employees, customers, or suppliers

8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request

9. Duration and Survival: Specifies the term of the agreement and which provisions survive termination

10. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and severability

What sections are optional to include in a Confidentiality And Non Compete Agreement?

1. Intellectual Property Rights: Additional provisions protecting IP rights when the confidential information includes patentable inventions or proprietary technology

2. Data Protection: Specific provisions for handling personal data when confidential information includes personal information

3. Assignment and Succession: Provisions regarding the transfer of rights and obligations, particularly relevant for corporate transactions

4. Independent Contractor Relationship: Clarification of relationship status when agreement is with contractors rather than employees

5. Monitoring and Audit Rights: Rights to monitor compliance, particularly relevant for high-risk or highly sensitive information

6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value confidential information

7. Third Party Rights: Provisions regarding rights of third parties, particularly relevant when group companies are involved

What schedules should be included in a Confidentiality And Non Compete Agreement?

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas covered by non-compete restrictions

3. Schedule 3 - Restricted Businesses: List of specific competing businesses or business types covered by restrictions

4. Schedule 4 - Key Customers and Suppliers: List of specific customers and suppliers covered by non-solicitation provisions

5. Schedule 5 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

6. Appendix A - Security Protocols: Specific security measures required for protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

































Clauses



























Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Telecommunications

Oil and Gas

Pharmaceuticals

Research and Development

Consumer Goods

Education

Engineering

Construction

Consulting

Retail

Media and Entertainment

Relevant Teams

Legal

Human Resources

Research and Development

Information Technology

Sales

Business Development

Executive Leadership

Product Development

Operations

Finance

Marketing

Customer Relations

Strategic Planning

Technical Operations

Data Analytics

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Research Scientist

Software Developer

Sales Director

Business Development Manager

Product Manager

Financial Analyst

Technical Consultant

Project Manager

Operations Manager

Marketing Director

Human Resources Manager

Account Manager

Systems Architect

Data Scientist

Strategic Consultant

Investment Analyst

Regional Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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