The Digital Non-Disclosure Agreement is essential in today's increasingly digital business environment in Nigeria, where sensitive information is primarily shared and stored in electronic formats. This document is specifically designed for situations where parties need to exchange confidential digital information, including but not limited to electronic documents, software, source code, digital assets, and electronic data. It incorporates provisions that comply with Nigerian electronic transaction laws, particularly the Evidence Act 2011 and the Nigerian Data Protection Regulation (NDPR) 2019, while addressing specific challenges related to digital information security, access controls, and secure destruction of electronic data. The agreement is particularly relevant for technology-related business relationships, digital service provisions, and any situation where confidential information is primarily handled in digital format.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company registration details
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Digital Assets', 'Electronic Systems', 'Authorized Personnel', and other key terms
4. Scope of Confidentiality: Specific description of what constitutes confidential information in digital and physical forms
5. Confidentiality Obligations: Core obligations regarding handling, storing, and protecting confidential information
6. Digital Security Measures: Specific requirements for digital security, including encryption, access controls, and secure storage
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed and the process for such disclosure
8. Return or Destruction of Information: Obligations regarding the return or secure destruction of confidential information, including digital copies
9. Duration and Survival: Term of the agreement and which obligations survive termination
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
1. Data Protection Compliance: Specific section addressing compliance with NDPR 2019, required when personal data is involved
2. Third Party Access: Additional provisions for when third party contractors or service providers need access to confidential information
3. Cross-Border Transfers: Required when confidential information may be transferred outside Nigeria
4. Monitoring and Audit Rights: Optional provisions for monitoring compliance, particularly relevant for high-security arrangements
5. Insurance Requirements: Optional section requiring cyber insurance or other relevant coverage
6. Source Code Protection: Specific provisions for protecting source code and technical information, needed for technology-related NDAs
7. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to the business relationship
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed technical requirements for digital security measures
4. Schedule 4 - Data Destruction Procedures: Specific procedures for secure destruction of digital information
5. Appendix A - Digital Certification Requirements: Requirements for digital signatures and electronic verification
6. Appendix B - Incident Response Plan: Procedures for handling security breaches or unauthorized disclosures
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