This International Confidentiality Agreement is essential for protecting sensitive information in cross-border business relationships involving Nigerian entities. It is commonly used when parties need to share confidential information during business negotiations, joint ventures, technology transfers, or other international commercial arrangements. The agreement complies with Nigerian law, particularly the Nigeria Data Protection Regulation (NDPR) 2019 and the Freedom of Information Act 2011, while incorporating international best practices for information protection. It addresses specific challenges of cross-border information sharing, including data protection requirements, enforcement mechanisms, and jurisdictional considerations. This document is particularly crucial given Nigeria's growing role in international commerce and the increasing need for robust confidentiality protections in global business transactions.
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1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, storage, and handling of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Data Protection and Security: Specific measures required to protect confidential information, including compliance with NDPR
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies under Nigerian law
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Cross-Border Data Transfers: Required when confidential information will be transferred outside Nigeria, addressing compliance with international data protection requirements
2. Intellectual Property Rights: Required when confidential information includes IP rights or when IP might be created during the course of the relationship
3. Non-Solicitation: Optional provision preventing parties from soliciting each other's employees or customers
4. Alternative Dispute Resolution: Optional provision for mediation or arbitration before court proceedings
5. Force Majeure: Optional provision addressing circumstances beyond parties' control affecting compliance
6. Local Representative: Required when one party is foreign and needs a local representative in Nigeria
7. Electronic Storage and Transmission: Required when confidential information will be stored or transmitted electronically
8. Industry-Specific Compliance: Required for regulated industries like banking, healthcare, or telecommunications
1. Schedule 1 - Specified 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 Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under NDPR
6. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized representatives or third parties
Relevant legal definitions
Clauses
Relevant Industries
Technology
Oil and Gas
Manufacturing
Financial Services
Healthcare
Telecommunications
Professional Services
Mining and Natural Resources
Agriculture
Pharmaceuticals
Entertainment and Media
E-commerce
Construction
Education
Renewable Energy
Relevant Teams
Legal
Compliance
Information Technology
Business Development
Research and Development
Human Resources
Finance
Operations
Risk Management
Corporate Affairs
Information Security
International Business
Strategy
Procurement
Executive Leadership
Relevant Roles
Chief Executive Officer
Legal Counsel
Chief Information Officer
Business Development Manager
Project Manager
Chief Technology Officer
Compliance Officer
Research and Development Director
Human Resources Director
Chief Financial Officer
Procurement Manager
Investment Manager
International Business Development Director
Data Protection Officer
Risk Manager
Corporate Secretary
Operations Director
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