This NDA Data Protection agreement is essential for organizations operating in Nigeria that need to share confidential information while ensuring compliance with data protection regulations. It is specifically designed to meet the requirements of Nigerian law, including the NDPR 2019, and addresses both traditional confidentiality concerns and modern data protection obligations. The document is particularly relevant when parties need to exchange sensitive business information or personal data in the context of business relationships, service provision, or collaborative projects. It includes comprehensive provisions for data processing, security measures, and breach notification procedures, making it suitable for various commercial relationships where data protection compliance is crucial.
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1. Parties: Identification of the parties entering into the agreement, including their registered addresses and company details
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', and other relevant terms under NDPR
4. Purpose and Scope: Specific purpose for which confidential information and personal data will be shared and used
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Data Protection Compliance: Obligations under NDPR including lawful processing, data security measures, and data subject rights
7. Security Measures: Specific technical and organizational measures required to protect confidential information and personal data
8. Duration and Survival: Term of the agreement and provisions that survive termination
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information and personal data
10. Breach Notification: Procedures for reporting any breaches of confidentiality or data protection incidents
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
1. Cross-border Data Transfers: Required when personal data will be transferred outside Nigeria
2. Third Party Disclosure: Include when disclosure to third parties (such as subsidiaries or contractors) may be necessary
3. Intellectual Property Rights: Required when confidential information includes IP-protected materials
4. Data Processing Agreement Provisions: Include when one party will be processing personal data on behalf of the other
5. Force Majeure: Optional clause addressing circumstances beyond parties' control
6. Non-Solicitation: Include when parties wish to prevent poaching of employees or clients
7. Audit Rights: Include when regular audits of data protection compliance are required
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Categories of Personal Data: Specification of personal data types to be processed and categories of data subjects
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures to be implemented
4. Schedule 4 - Authorized Personnel: List of individuals authorized to access confidential information and personal data
5. Schedule 5 - Approved Sub-processors: If applicable, list of approved third-party data processors
6. Appendix A - Data Processing Details: Detailed information about data processing activities including purpose, duration, and type of processing
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