This Unilateral NDA template is specifically designed for use under Nigerian law when one party needs to share confidential information with another party while maintaining strict control over its use and disclosure. The document is essential for businesses and individuals entering into preliminary discussions, negotiations, or business relationships where sensitive information needs to be shared. The agreement covers various types of confidential information including trade secrets, business plans, technical data, and proprietary information. It incorporates relevant provisions from Nigerian contract law, data protection regulations, and common law principles to ensure enforceability and comprehensive protection. The document is particularly important in the Nigerian business context where protecting intellectual property and business secrets requires robust contractual safeguards.
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1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Confidentiality Obligations: Core obligations of the Receiving Party to maintain confidentiality and prevent unauthorized disclosure
5. Permitted Use and Disclosure: Specific circumstances under which the Receiving Party may use or disclose the confidential information
6. Security Measures: Required security measures and standards for protecting confidential information
7. Term and Survival: Duration of the agreement and surviving obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Available remedies in case of breach, including injunctive relief and damages
10. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Electronic Data Protection: Additional provisions for protecting electronic data and digital information, particularly relevant if sensitive digital assets are involved
2. Third Party Rights: Provisions addressing third party rights and obligations, useful when third party contractors or affiliates may be involved
3. Assignment: Provisions regarding the ability to assign rights and obligations, important for corporate restructuring scenarios
4. Data Protection Compliance: Specific provisions ensuring compliance with Nigerian Data Protection Regulation, necessary when personal data is involved
5. Dispute Resolution: Alternative dispute resolution mechanisms like arbitration or mediation, useful for complex commercial relationships
6. Representatives and Internal Distribution: Detailed provisions about who can access the information within the Receiving Party's organization, important for large organizations
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the confidential information
4. Appendix A - Form of Acknowledgment: Template acknowledgment form for representatives who will access confidential information
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