This Basic Confidentiality Agreement is essential for businesses and individuals operating in Nigeria who need to protect sensitive information during business discussions, negotiations, or collaborative ventures. The document is designed to comply with Nigerian law, including the Contract Law and Nigeria Data Protection Regulation (NDPR) 2019, while being adaptable to various business contexts. It's particularly useful in preliminary business discussions, due diligence processes, employment relationships, and business partnerships where confidential information needs to be shared. The agreement covers definition of confidential information, obligations of receiving parties, permitted uses, duration of confidentiality obligations, and remedies for breach, all within the Nigerian legal framework. This template serves as a foundation for establishing legally binding confidentiality obligations while allowing customization for specific business needs.
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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: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', 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, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Remedies: Available remedies in case of breach, including injunctive relief
10. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
1. Non-Solicitation: Prevents receiving party from soliciting employees or customers, used when parties are competitors or in sensitive business relationships
2. Data Protection Compliance: Specific provisions for compliance with NDPR 2019, required when personal data is involved
3. Export Control: Required when confidential information may be subject to export control laws
4. Reverse Engineering Prohibition: Used when confidential information includes technical or product information that could be reverse engineered
5. Force Majeure: Addresses circumstances beyond parties' control, particularly relevant in long-term confidentiality arrangements
6. Insurance Requirements: Required when sensitive or high-value information is being shared
7. Audit Rights: Allows disclosing party to audit receiving party's compliance, useful for high-risk or regulated industries
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting the confidential information
4. Appendix A - Acknowledgment Form: Form to be signed by employees or representatives who will have access to confidential information
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Energy and Natural Resources
Telecommunications
Real Estate
Education
Retail
Agriculture
Construction
Media and Entertainment
Pharmaceutical
Mining
Oil and Gas
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Finance
Operations
Information Technology
Procurement
Compliance
Risk Management
Corporate Affairs
Strategic Planning
Investment
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Human Resources Director
Chief Financial Officer
Project Manager
Research and Development Director
Investment Manager
Procurement Manager
Operations Manager
Contract Administrator
Chief Technology Officer
Compliance Officer
Risk Manager
Corporate Secretary
Strategic Partnership Director
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