This Supplier Confidentiality Agreement is essential when engaging suppliers who will have access to sensitive company information in Nigeria. It should be used before sharing any confidential information with suppliers, including but not limited to technical specifications, pricing data, customer information, or proprietary processes. The agreement ensures compliance with Nigerian law, including the Freedom of Information Act 2011 and common law principles governing confidential information. It provides legal protection by clearly defining confidential information, establishing security requirements, and setting out remedies for unauthorized disclosure. This document is particularly crucial in the Nigerian business environment where statutory protection for trade secrets is limited, making contractual protection vital.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the supplier), including full legal names and registered addresses
2. Background: Context of the supplier relationship and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and 'Affiliate'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives and legal requirements
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard contractual clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Required when confidential information includes personal data subject to Nigerian Data Protection Regulation
2. Intellectual Property Rights: Include when confidential information contains patents, trademarks, or other IP rights
3. Export Control: Necessary when dealing with international suppliers or technology transfer
4. Non-Solicitation: Optional clause preventing supplier from soliciting employees who have access to confidential information
5. Competitive Activity Restrictions: Include when supplier works with competitors or in competitive markets
6. Insurance Requirements: Add when handling highly sensitive information requiring specific insurance coverage
7. Auditing Rights: Include for high-risk relationships requiring periodic compliance verification
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 Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Approved Subcontractors: If applicable, list of approved subcontractors who may access confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for individual confidentiality undertakings by authorized representatives
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