The Declaration of Non-Disclosure serves as a critical legal instrument in Nigerian business transactions where confidential information needs protection. This document is essential when parties need to share sensitive business information, trade secrets, or proprietary data while maintaining confidentiality. It's commonly used in business negotiations, employment relationships, consultancy arrangements, and corporate transactions. The declaration, governed by Nigerian law, incorporates key provisions from relevant legislation including the Freedom of Information Act 2011, NDPR 2019, and established common law principles. The document provides detailed obligations for handling confidential information, security measures, and breach consequences, while ensuring alignment with Nigerian legal requirements and business practices.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty to maintain secrecy and prevent unauthorized access
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Duration of Obligations: Time period for which confidentiality obligations remain in force
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
12. 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 for compliance with NDPR when personal data is involved
3. Non-Solicitation: Prevents receiving party from soliciting employees or clients of disclosing party
4. Digital Security Measures: Specific provisions for protecting digital information and cybersecurity requirements
5. Third Party Rights: Provisions regarding rights of third parties mentioned in or affected by the agreement
6. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances
7. Assignment: Rights and restrictions regarding assignment of the agreement
8. Severability: Provision ensuring remainder of agreement stays valid if any part is found unenforceable
1. Schedule 1 - Specified 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: Detailed security procedures and requirements for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Information Return Form: Template form for documenting return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Oil and Gas
Professional Services
Telecommunications
Research and Development
Education
Retail
Real Estate
Construction
Entertainment
Mining
Agriculture
Relevant Teams
Legal
Human Resources
Information Technology
Research and Development
Finance
Operations
Business Development
Procurement
Executive Leadership
Product Development
Strategic Planning
Corporate Communications
Information Security
Risk Management
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Human Resources Manager
Project Manager
Research Scientist
Business Development Manager
Financial Controller
IT Director
Operations Manager
Procurement Manager
Technical Consultant
Strategic Planning Director
Department Head
Investment Analyst
Product Developer
Business Analyst
External Consultant
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