This Two Way NDA template is specifically designed for use under Nigerian law when two parties need to share confidential information with each other in a mutually protective manner. It is commonly used during business negotiations, due diligence processes, joint ventures, or any situation where reciprocal exchange of sensitive information is required. The document incorporates key provisions required by Nigerian contract law and common law principles, including clear definitions of confidential information, permitted uses, security measures, and remedies for breach. This template is particularly relevant for businesses operating in Nigeria's growing economy, where protection of trade secrets and proprietary information is crucial for maintaining competitive advantage. The agreement ensures equal protection for both parties, making it suitable for relationships where trust and confidentiality are paramount.
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1. Parties: Identification of all parties entering into the NDA, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the potential business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information for both parties and how it will be identified
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Information: Procedures for handling 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. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability
1. Non-Solicitation: Optional restrictions on soliciting employees or customers, used when parties are competitors or in sensitive industries
2. Data Protection: Specific provisions for handling personal data, required if personal data will be shared
3. Electronic Information Security: Specific provisions for protecting digital information, recommended when sharing electronic data
4. Export Control: Provisions regarding international transfer of information, needed if cross-border sharing is anticipated
5. Press Releases and Publicity: Controls on public announcements about the relationship, useful for high-profile companies
6. Non-Competition: Restrictions on competitive activities, only used when specifically required and carefully drafted to ensure enforceability under Nigerian law
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Categories of Confidential Information: Specific listing of types of confidential information covered
3. Schedule 3 - Security Protocols: Detailed security measures and procedures required for protecting confidential information
4. Appendix A - Authorized Representatives: List of individuals authorized to receive confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Energy and Natural Resources
Telecommunications
Real Estate
Construction
Education
Research and Development
Retail
Agriculture
Media and Entertainment
Consumer Goods
Pharmaceutical
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Information Technology
Operations
Human Resources
Finance
Procurement
Corporate Affairs
Risk Management
Information Security
Strategy
Marketing
Product Development
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Corporate Lawyer
Chief Technology Officer
Project Manager
Research Director
Head of Operations
Chief Financial Officer
Innovation Manager
Business Analyst
Contract Manager
Procurement Manager
Human Resources Director
Information Security Officer
Strategy Director
Partnerships Manager
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