The IT Confidentiality Agreement is essential for businesses operating in Nigeria's growing technology sector where protection of sensitive technical and digital information is crucial. This document is specifically designed to comply with Nigerian legislation, including the NDPR 2019 and Cybercrimes Act 2015, while addressing the unique challenges of protecting digital assets and technical information. It should be used when parties need to share sensitive IT-related information such as source code, technical specifications, system architecture, or digital business processes. The agreement includes specific provisions for electronic data protection, cybersecurity measures, and cross-border data transfers, making it particularly suitable for technology companies, IT service providers, and businesses engaging in digital transformation projects. The document incorporates best practices for IT confidentiality while ensuring enforceability under Nigerian law.
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1. Parties: Identification of the disclosing party and receiving party, 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 of key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
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, especially digital data, in compliance with NDPR
8. Term and Survival: Duration of the agreement and obligations that survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Third Party Disclosure: Additional provisions when confidential information may need to be shared with third party contractors or service providers
2. International Data Transfer: Required when confidential information may be transferred outside Nigeria, ensuring compliance with NDPR cross-border transfer requirements
3. Intellectual Property Rights: Specific provisions regarding IP rights in confidential information when applicable
4. Non-Competition: Additional restrictions on competitive activities when confidential information includes business-sensitive data
5. Data Subject Rights: Required when confidential information includes personal data subject to NDPR
6. Information Security Incident Procedures: Detailed procedures for handling data breaches when dealing with sensitive digital information
7. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly relevant for high-security requirements
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 technical and organizational security measures required for protecting digital information
4. Schedule 4 - Data Processing Requirements: Specific requirements for handling personal data under NDPR when applicable
5. Appendix A - Information Security Standards: Required technical standards and certifications for information security
6. Appendix B - Incident Response Plan: Procedures for responding to potential breaches or unauthorized disclosures
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