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Personal Information Confidentiality Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law, specifically aligned with the Nigeria Data Protection Act 2023, designed to protect personal information shared between parties in a business relationship. This document establishes binding obligations for the handling, processing, and protection of personal data, incorporating specific requirements under Nigerian data protection legislation. It includes detailed provisions for data security measures, breach notification procedures, and compliance with local privacy laws, while providing remedies and enforcement mechanisms under Nigerian jurisdiction.

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What is a Personal Information Confidentiality Agreement?

A Personal Information Confidentiality Agreement is a crucial legal document used in Nigeria when parties need to share or process personal information in the course of their business or professional relationship. This agreement is particularly relevant given the implementation of the Nigeria Data Protection Act 2023, which has strengthened the country's data protection framework. The document is designed to establish clear obligations regarding the handling of personal information, ensure compliance with Nigerian privacy laws, and protect both the data subjects and the organizations involved. It becomes necessary when employees, contractors, or business partners require access to personal data, and it helps organizations demonstrate their commitment to data protection compliance while managing legal risks associated with data handling.

What sections should be included in a Personal Information Confidentiality Agreement?

1. Parties: Identification of the parties entering into the agreement, including the data controller/disclosing party and the recipient/data processor

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Detailed definitions of terms including 'Confidential Information', 'Personal Information', 'Processing', 'Data Subject', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

6. Data Protection Compliance: Specific obligations under the Nigeria Data Protection Act 2023 and other relevant data protection laws

7. Security Measures: Required technical and organizational measures to protect confidential information

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed

9. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request

10. Duration and Survival: Term of the agreement and obligations that survive 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

What sections are optional to include in a Personal Information Confidentiality Agreement?

1. International Data Transfers: Required when confidential information may be transferred outside Nigeria

2. Subcontractors: Needed when the recipient may need to engage third parties to process confidential information

3. Insurance Requirements: Specific insurance obligations for high-risk or high-value information

4. Audit Rights: Rights to audit compliance with the agreement, particularly relevant for regulated industries

5. Data Subject Rights: Detailed procedures for handling data subject requests when the agreement involves extensive personal data processing

6. Industry-Specific Requirements: Additional provisions required for specific sectors (e.g., healthcare, financial services)

What schedules should be included in a Personal Information Confidentiality Agreement?

1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered

2. Schedule 2 - Authorized Personnel: List of individuals authorized to access and process the confidential information

3. Schedule 3 - Security Measures: Detailed technical and organizational security measures to be implemented

4. Schedule 4 - Data Processing Activities: Description of specific data processing activities permitted under the agreement

5. Appendix A - Data Breach Response Plan: Procedures to be followed in case of a data breach or security incident

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Publisher

Genie AI

Cost

Free to use

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