This Cross Border NDA is essential for businesses engaging in international transactions or partnerships where confidential information needs to be shared across jurisdictional boundaries. The document is specifically structured to comply with Nigerian law while accommodating international business practices and data protection requirements. It should be used when Nigerian companies engage with foreign entities, or when international organizations conduct business in Nigeria requiring confidential information exchange. The agreement addresses key aspects such as data protection under the NDPR, cross-border data transfers, international enforcement mechanisms, and specific security protocols for different types of confidential information. It's particularly relevant for technology transfers, international joint ventures, foreign investments, and global business partnerships where Nigerian law serves as the governing framework.
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1. Parties: Identification of all parties to the agreement, including their registered addresses and company registration details
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Data Protection and Cross-Border Transfers: Compliance with Nigerian NDPR and relevant international data protection laws
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination
10. Term and Survival: Duration of the agreement and survival of obligations
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Solicitation: Optional clause preventing solicitation of employees, useful when parties will have access to information about each other's personnel
2. Specific Security Protocols: Detailed security requirements, recommended when sharing highly sensitive technical or commercial information
3. Competing Projects: Provisions regarding involvement in competing projects, useful in competitive industries
4. Local Representative: Appointment of local representatives in relevant jurisdictions, useful for large multinational arrangements
5. Translation: Provisions regarding official translations and prevailing language, needed when parties are from different language jurisdictions
6. Insurance Requirements: Specific insurance requirements for handling confidential information, useful for high-value or sensitive information
7. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for highly regulated industries
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures required
3. Schedule 3 - Data Processing Requirements: Specific requirements for processing personal data under NDPR
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or authorized recipients
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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