This Non Disclosure Agreement For Service Provider is essential when engaging external service providers who will have access to confidential business information in Nigeria. The document is particularly relevant when companies need to share sensitive data, trade secrets, technical information, or proprietary knowledge with service providers while ensuring legal protection under Nigerian law. It incorporates provisions that comply with Nigerian legislation, including the Evidence Act 2011, Trade Secrets Protection Act, and Nigerian Data Protection Regulation 2019. The agreement is commonly used across various industries where service providers need access to internal systems, data, or sensitive business information to perform their contracted services. It provides a robust framework for protecting confidential information while enabling necessary business operations and includes specific provisions for data handling, security measures, and breach remedies that align with Nigerian legal requirements.
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1. Parties: Identifies and defines the disclosing party and receiving party (service provider), including their registered addresses and company details
2. Background: Explains the context of the agreement, including the nature of the services to be provided and the need for confidential information exchange
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations and standard of care required
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Protection and Security Measures: Outlines required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
10. Breach and Remedies: Details consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Required when confidential information includes personal data subject to Nigerian Data Protection Regulation
2. Intellectual Property Rights: Include when service provider may have access to or create IP during service provision
3. Export Control: Required when dealing with international service providers or technical information subject to export controls
4. Non-Solicitation: Optional clause preventing service provider from soliciting employees or clients
5. Publicity and Announcements: Include when there's a need to control public statements about the relationship
6. Force Majeure: Optional clause addressing handling of confidential information during force majeure events
7. Insurance Requirements: Include when requiring service provider to maintain specific insurance for data protection
1. Schedule 1 - Specified Confidential Information: Detailed list of specific documents, data, or information types covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Data Processing Requirements: Required when personal data is involved, detailing specific data protection requirements
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