The Technology Non-Disclosure Agreement is essential for businesses operating in Nigeria's growing technology sector, where protection of proprietary information and trade secrets is crucial. This document is typically used when companies need to share sensitive technical information, source code, algorithms, or other technology-related confidential information during business negotiations, partnerships, or service engagements. The agreement is structured to comply with Nigerian legislation, including the Cybercrimes Act 2015 and the Nigerian Data Protection Regulation (NDPR) 2019, while incorporating international best practices in technology confidentiality. It's particularly relevant given Nigeria's emerging position as a major African technology hub and the increasing need for robust legal protection of technological innovations and proprietary information.
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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, including the purpose of sharing confidential information and the nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Technology', 'Trade Secrets', and other technical terms specific to the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically addressing technical data, source code, algorithms, and other technology-related information
5. Obligations of Receiving Party: Specific duties regarding the protection, storage, and handling of confidential information, including digital security measures
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, contractors, or legal authorities
7. Security Measures: Required technical and organizational security measures for protecting digital and physical confidential information
8. Term and Termination: Duration of the agreement and obligations post-termination
9. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information, including digital data and copies
10. Breach and Remedies: Consequences of breach and available legal 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 NDPR when personal data is involved
2. Source Code Protection: Specific provisions for handling and protecting source code when software is involved
3. Cross-Border Data Transfers: Additional provisions for international data transfers if parties are in different jurisdictions
4. Intellectual Property Rights: Specific provisions clarifying that the NDA doesn't transfer any IP rights
5. Non-Solicitation: Provisions preventing poaching of employees or clients, if relevant to the business relationship
6. Reverse Engineering Prohibition: Specific provisions prohibiting reverse engineering of technical products or solutions
7. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations
8. Cybersecurity Incident Reporting: Procedures for reporting and handling data breaches or security incidents
1. Schedule 1: Categories of Confidential Information: Detailed classification and listing of types of confidential information covered
2. Schedule 2: Authorized Representatives: List of authorized personnel who may access or handle confidential information
3. Schedule 3: Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4: Data Handling Procedures: Specific procedures for handling different types of confidential information
5. Appendix A: Confidentiality Acknowledgment Form: Form for employees or contractors to acknowledge NDA obligations
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