This Custom NDA is designed for use in Nigeria when parties need to protect confidential information during business dealings, negotiations, or collaborative ventures. The document is particularly relevant in scenarios requiring specific customization to address unique confidentiality needs while ensuring compliance with Nigerian law. It incorporates provisions from Nigerian contract law, the Freedom of Information Act 2011, and the Nigeria Data Protection Regulation 2019, making it suitable for both domestic and international business relationships. The agreement can be tailored to specific industry requirements while maintaining enforceability under Nigerian jurisdiction, and is commonly used in business negotiations, joint ventures, employment relationships, and commercial partnerships where proprietary information needs protection.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Additional provisions for compliance with Nigerian Data Protection Regulation when personal data is involved
2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights, used when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties are competitors or in sensitive business relationships
4. Export Control: Compliance with export control laws, used when information may be subject to international transfer restrictions
5. Competitive Activities: Restrictions on competitive activities, included when parties are in the same industry
6. Digital Security Measures: Specific provisions for protecting digital information, used when information is primarily electronic
7. Third Party Rights: Provisions regarding the rights of third parties whose confidential information may be involved
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 or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives
5. Appendix B - Information Handling Procedures: Detailed procedures for handling, storing, and destroying confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Manufacturing
Healthcare
Energy and Oil & Gas
Professional Services
Telecommunications
Real Estate
Agriculture
Construction
Mining
Education
Retail
Entertainment
Media
Transportation and Logistics
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research & Development
Information Technology
Finance
Operations
Procurement
Compliance
Corporate Strategy
Innovation
Partnerships
Investment Relations
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Business Development Manager
Project Manager
Human Resources Director
Chief Technology Officer
Chief Financial Officer
Research & Development Director
Operations Manager
Procurement Manager
Investment Analyst
Strategy Consultant
Innovation Director
Partnership Manager
Compliance Officer
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