This Confidentiality Agreement Personal Information is designed for use in situations where parties need to share, process, or handle personal information within the Nigerian jurisdiction. The agreement is particularly relevant in light of the Nigeria Data Protection Act 2023 and provides comprehensive protection for personal data while ensuring regulatory compliance. It should be used whenever organizations or individuals need to share personal information with third parties, employees, or service providers. The document addresses key aspects such as data processing principles, security requirements, confidentiality obligations, and data subject rights under Nigerian law. It includes specific provisions for data breach notification, cross-border data transfers, and regulatory compliance requirements, making it essential for businesses operating in Nigeria that handle personal information.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing personal information
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Personal Information', 'Processing', 'Data Subject' and other relevant terms aligned with Nigerian Data Protection Act
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Data Protection Compliance: Specific obligations under Nigerian Data Protection Act, including data processing principles, security measures, and data subject rights
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
8. Security Measures: Required technical and organizational measures to protect confidential information and personal data
9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Breach and Remedies: Consequences of breach and available remedies
12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
1. Data Transfer Mechanisms: Required when confidential information may be transferred outside Nigeria, specifying approved transfer mechanisms
2. Audit Rights: Optional section granting audit rights to verify compliance with confidentiality and data protection obligations
3. Insurance Requirements: Details of required insurance coverage for data protection and confidentiality breaches
4. Sub-processors: Required when the receiving party may need to engage sub-processors to handle the confidential information
5. Specific Industry Compliance: Additional compliance requirements for specific industries (e.g., healthcare, financial services)
6. Force Majeure: Provisions for circumstances beyond parties' control affecting confidentiality obligations
1. Schedule 1 - Categories of Personal Information: Detailed list of personal information types covered by the agreement
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access the confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures to be implemented
4. Schedule 4 - Approved Sub-processors: If applicable, list of approved sub-processors and their roles
5. Appendix A - Data Processing Details: Detailed information about data processing activities, including purpose, duration, and type of processing
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Education
Professional Services
Telecommunications
Human Resources
Retail
Insurance
Manufacturing
Consulting
Legal Services
Government Services
Non-Profit Organizations
Relevant Teams
Legal
Compliance
Information Security
Human Resources
IT
Risk Management
Data Protection
Operations
Privacy
Procurement
Relevant Roles
Data Protection Officer
Privacy Officer
Compliance Manager
Legal Counsel
HR Manager
IT Security Manager
Risk Manager
Operations Director
Chief Information Officer
Chief Privacy Officer
Information Security Officer
Procurement Manager
Project Manager
Systems Administrator
Database Administrator
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