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Data Disclosure Agreement for Nigeria

Data Disclosure Agreement Template for Nigeria

This document is a comprehensive Data Disclosure Agreement tailored for use under Nigerian law, specifically compliant with the Nigeria Data Protection Act 2023 and related regulations. It establishes the legal framework for sharing sensitive and confidential data between parties, outlining specific obligations for data protection, security measures, and compliance requirements. The agreement incorporates provisions for breach notification, data subject rights, and cross-border transfer considerations, while addressing unique aspects of Nigerian privacy law and regulatory requirements.

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What is a Data Disclosure Agreement?

The Data Disclosure Agreement serves as a crucial legal instrument for organizations operating in Nigeria that need to share sensitive or confidential data while maintaining compliance with data protection regulations. This document becomes necessary when entities need to exchange data for business operations, research, or regulatory purposes, ensuring proper safeguards are in place. The agreement specifically addresses requirements under the Nigeria Data Protection Act 2023 and related regulations, providing comprehensive coverage of data protection obligations, security measures, and compliance requirements. It's particularly relevant given Nigeria's evolving data protection landscape and the increasing need for secure data sharing across organizations.

What sections should be included in a Data Disclosure Agreement?

1. Parties: Identification of the data discloser and recipient, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of data disclosure

3. Definitions: Detailed definitions of key terms including Personal Data, Confidential Information, Permitted Purpose, and other relevant terms

4. Scope of Disclosure: Clear description of what data will be shared, purposes for which it can be used, and any restrictions

5. Data Protection Obligations: Compliance requirements with Nigerian Data Protection Act and other relevant regulations

6. Security Measures: Required technical and organizational measures for data protection

7. Confidentiality Obligations: Requirements for maintaining confidentiality of disclosed data

8. Permitted Uses and Restrictions: Specific allowed uses of the data and explicit restrictions

9. Data Subject Rights: Procedures for handling data subject requests and maintaining their rights

10. Breach Notification: Procedures and timeframes for reporting data breaches

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Return or Destruction of Data: Requirements for handling data upon termination

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. General Provisions: Standard contractual terms including governing law, dispute resolution, and entire agreement

What sections are optional to include in a Data Disclosure Agreement?

1. Cross-Border Transfer Provisions: Required when data will be transferred outside Nigeria, specifying compliance with international transfer requirements

2. Industry-Specific Compliance: Additional requirements for regulated industries (e.g., healthcare, financial services)

3. Audit Rights: Detailed audit provisions when regular compliance verification is required

4. Sub-processing: Terms for allowing and controlling any sub-processing of the disclosed data

5. Insurance Requirements: Specific insurance obligations for high-risk data processing activities

6. Data Protection Impact Assessment: Requirements for conducting DPIAs when processing high-risk data

7. Local Representative: Appointment of local representatives when parties are not based in Nigeria

What schedules should be included in a Data Disclosure Agreement?

1. Schedule 1 - Categories of Data: Detailed list of data types to be disclosed, including personal and non-personal data categories

2. Schedule 2 - Security Requirements: Technical and organizational security measures required for data protection

3. Schedule 3 - Authorized Recipients: List of authorized personnel or entities who may access the disclosed data

4. Schedule 4 - Processing Activities: Detailed description of permitted processing activities and purposes

5. Appendix A - Data Transfer Mechanisms: Specific mechanisms and safeguards for data transfers, particularly relevant for cross-border transfers

6. Appendix B - Breach Response Plan: Detailed procedures for responding to and reporting data breaches

7. Appendix C - Contact Details: Key contacts for both parties for operational, legal, and breach notification purposes

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

Healthcare

Financial Services

Education

Government & Public Sector

Telecommunications

Research & Development

Professional Services

Manufacturing

Retail

Energy

Transportation & Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Research & Development

Data Protection

Privacy

Business Development

Procurement

Information Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Director

Chief Technology Officer

Chief Information Security Officer

Project Manager

Research Director

Business Development Manager

Contract Manager

Privacy Analyst

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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