The Confidentiality Agreement Indemnity is essential for business transactions in Nigeria where parties need to share sensitive information while ensuring robust protection through both confidentiality obligations and indemnification provisions. This document type is particularly relevant when companies are engaging in due diligence, joint ventures, or other commercial relationships requiring the exchange of valuable proprietary information. The agreement incorporates specific provisions compliant with Nigerian law, including the Nigerian Data Protection Regulation 2019 and relevant common law principles. It's designed to provide comprehensive protection by not only preventing unauthorized disclosure but also establishing clear liability and compensation mechanisms through indemnification clauses. This makes it particularly suitable for high-value transactions or situations where the potential damage from information breaches could be substantial.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Indemnified Parties', 'Losses', and other key terms
4. Confidentiality Obligations: Core obligations regarding protection, non-disclosure, and permitted uses of confidential information
5. Security Measures: Specific measures required to protect confidential information
6. Indemnification: Scope of indemnity, triggers for indemnification, and process for claiming
7. Duration and Survival: Term of confidentiality obligations and survival of indemnification provisions
8. Return or Destruction of Information: Requirements for handling confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Specification of Nigerian law and jurisdiction for dispute resolution
11. Execution: Signature blocks and execution requirements
1. Data Protection Compliance: Include when personal data is part of the confidential information, addressing NDPR requirements
2. Third Party Rights: Include when confidential information belongs to or affects third parties
3. Insurance Requirements: Include when specific insurance coverage is required to support indemnification obligations
4. Alternative Dispute Resolution: Include when parties prefer arbitration or mediation before court proceedings
5. Exclusions from Confidentiality: Include when specific categories of information need to be excluded from confidentiality obligations
6. Force Majeure: Include when parties want to address circumstances beyond their control affecting obligations
7. Assignment and Succession: Include when transfer of rights or obligations needs to be addressed specifically
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting information
4. Schedule 4 - Indemnification Procedures: Detailed procedures for making and responding to indemnification claims
5. Appendix A - Form of Confidentiality Undertaking: Template for additional parties or authorized recipients to sign confidentiality undertaking
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Oil and Gas
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Research and Development
Pharmaceuticals
Mining and Natural Resources
E-commerce
Fintech
Relevant Teams
Legal
Compliance
Risk Management
Information Security
Corporate Secretariat
Executive Leadership
Business Development
Research & Development
Information Technology
Finance
Procurement
Corporate Communications
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Compliance Officer
Chief Financial Officer
Business Development Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Corporate Secretary
Head of Procurement
Project Manager
Research Director
Mergers & Acquisitions Director
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