The Confidentiality and Non-Solicitation Agreement is essential for businesses operating in Nigeria seeking to protect their confidential information and maintain stable business relationships. This document is typically used when sharing sensitive information with employees, contractors, business partners, or potential investors, where there is a need to prevent both unauthorized disclosure of confidential information and the poaching of key employees or business relationships. The agreement must comply with Nigerian legal requirements, particularly the Federal Competition and Consumer Protection Act 2018 and relevant employment laws. It provides comprehensive protection while ensuring enforceability within the Nigerian legal system. The document is particularly crucial in business transactions, employment relationships, and commercial partnerships where proprietary information needs protection and business stability needs to be maintained.
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1. Parties: Identifies and provides details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Confidentiality Obligations: Details the core obligations regarding confidential information, including scope, handling, and protection requirements
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed
6. Non-Solicitation Covenants: Details restrictions on soliciting employees, customers, or suppliers
7. Duration: Specifies the term of the agreement and survival of obligations
8. Return of Confidential Information: Procedures for returning or destroying confidential information
9. Breach and Remedies: Outlines consequences of breach and available remedies
10. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement
1. Non-Competition: Additional restrictions on competitive activities - include when broader protection is needed and permissible under Nigerian law
2. Intellectual Property Rights: Specific provisions protecting IP rights - include when confidential information includes IP
3. Data Protection: Specific obligations regarding personal data - include when personal data is involved
4. Assignment and Succession: Rules for transferring rights under the agreement - include for corporate clients
5. Third Party Rights: Provisions affecting rights of third parties - include when third party interests need protection
6. Force Majeure: Provisions for unforeseen circumstances - include for long-term agreements
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Recipients: List of persons authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific security protocols for handling confidential information
4. Schedule 4 - Restricted Customers/Suppliers: List of specific customers or suppliers covered by non-solicitation provisions
5. Appendix A - Form of Confidentiality Undertaking: Template undertaking for authorized recipients to sign
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Oil and Gas
Manufacturing
Healthcare
Telecommunications
Professional Services
Retail
Agriculture
Construction
Mining
Education
Pharmaceuticals
Entertainment
Energy
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Operations
Information Technology
Research and Development
Finance
Procurement
Sales
Administration
Compliance
Corporate Development
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Operations Director
Finance Director
Sales Manager
Research and Development Manager
Procurement Manager
Chief Information Officer
Department Head
Regional Manager
Contract Administrator
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