This Subcontractor NDA template is designed for use in the Nigerian business environment where main contractors need to share confidential information with subcontractors while maintaining strict control over its use and dissemination. The document is particularly relevant in situations where subcontractors will have access to sensitive business information, intellectual property, or proprietary processes during project execution. It incorporates key requirements under Nigerian law, including compliance with the Freedom of Information Act 2011 and data protection regulations. The agreement is structured to protect both the main contractor's interests and any confidential information belonging to their clients that may be shared with subcontractors. It includes specific provisions for information handling, security measures, and breach remedies, making it suitable for both short-term project engagements and longer-term subcontractor relationships.
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1. Parties: Identifies the main contractor, subcontractor, and any other relevant parties to the agreement
2. Background: Explains the context of the subcontractor relationship and the need for confidentiality
3. Definitions: Defines key terms including Confidential Information, Permitted Purpose, Representatives, 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 and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisers
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration of Obligations: Period for which confidentiality obligations remain in force
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Include when confidential information includes IP-protected materials or when IP rights need to be explicitly addressed
2. Data Protection Compliance: Include when confidential information includes personal data subject to Nigerian Data Protection Regulation
3. Third Party Information: Include when subcontractor may have access to confidential information belonging to third parties
4. Export Control: Include when confidential information may be subject to export control regulations
5. Non-Competition: Include when there's a need to restrict subcontractor from competing activities
6. Non-Solicitation: Include when there's a need to prevent subcontractor from soliciting employees or clients
7. Force Majeure: Include when specific provisions for unforeseen circumstances affecting confidentiality obligations are needed
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Approved Security Measures: Specific security protocols and measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Appendix A - Information Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
5. Appendix B - Data Breach Response Protocol: Procedures to be followed in case of unauthorized disclosure or security breach
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