This Two Way Non-Disclosure Agreement template is essential for businesses and organizations operating under Nigerian law who need to protect confidential information during business discussions, negotiations, or collaborations. The document is specifically structured to comply with Nigerian contract law, the Freedom of Information Act 2011, and the Nigerian Data Protection Regulation 2019. It's commonly used before entering into business partnerships, joint ventures, merger discussions, or any situation where sensitive information needs to be shared between parties. The agreement ensures mutual protection of trade secrets, proprietary information, customer data, and other confidential materials, with clear provisions for enforcement under Nigerian jurisdiction.
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1. Parties: Identification of both parties entering into the NDA, including full legal names, registration numbers, and registered addresses
2. Background: Brief context explaining why the parties are entering into the NDA and the purpose of information sharing
3. Definitions: Key terms used in the agreement, particularly the definition of 'Confidential Information' and related terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Mutual Obligations of Confidentiality: Core obligations of both parties regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival: Obligations that continue after termination
11. Remedies: Legal remedies available in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution provisions
1. Data Protection Compliance: Additional provisions when confidential information includes personal data under Nigerian Data Protection Regulation
2. Intellectual Property Rights: Specific provisions clarifying IP ownership when confidential information includes IP-sensitive material
3. Export Control: Include when information sharing may involve cross-border transfers or technology exports
4. Non-Solicitation: Optional provisions preventing parties from soliciting each other's employees or customers
5. Publicity: Restrictions on public announcements about the relationship between the parties
6. Assignment: Rules regarding the ability to assign rights under the NDA to other parties
7. Force Majeure: Provisions for circumstances beyond parties' control affecting compliance
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Specific Categories of Confidential Information: Detailed listing of specific types or categories of confidential information covered
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for employees or third parties who need access to the information
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