This Confidentiality Contract is designed for use in business and professional contexts where parties need to share sensitive information while ensuring legal protection under Nigerian law. It is particularly relevant for business negotiations, due diligence processes, employment relationships, and commercial partnerships. The agreement covers various types of confidential information including trade secrets, proprietary information, customer data, and technical know-how, while ensuring compliance with Nigerian legislation including the Contract Act, NDPR 2019, and relevant sector-specific regulations. This document is essential for protecting business interests while facilitating necessary information exchange in commercial relationships.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and standards of care required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and surviving obligations
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. Personal Data Protection: Required when confidential information includes personal data covered by NDPR
2. Group Company Rights: Included when either party needs to share information with affiliate companies
3. Intellectual Property Rights: When confidential information includes or relates to intellectual property
4. Non-Solicitation: Optional clause preventing solicitation of employees or customers
5. Export Control: Required when dealing with internationally restricted information
6. Force Majeure: Optional clause dealing with circumstances beyond parties' control
7. Digital Security Measures: Required when information is primarily stored or shared digitally
8. Third Party Rights: Required when third parties have rights in relation to the 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 and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements
4. Appendix A - Data Processing Requirements: Specific requirements for handling personal data under NDPR
5. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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