The Confidentiality And Non Disclosure Agreement For Employees is a crucial legal document used in Nigerian business operations to protect an organization's confidential and proprietary information. This agreement should be implemented at the commencement of employment or when an existing employee begins accessing sensitive information. It is designed to comply with Nigerian legislation, including the Labor Act, Nigeria Data Protection Regulation (NDPR) 2019, and relevant common law principles. The document typically covers definitions of confidential information, scope of protection, employee obligations, permitted disclosures, duration of confidentiality obligations, and consequences of breach. It's particularly important in sectors handling sensitive data, intellectual property, or trade secrets, and should be regularly reviewed to ensure compliance with evolving data protection laws and business needs.
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1. Parties: Identification of the employer company and the employee
2. Background: Context of the agreement and employment relationship
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Unauthorized Disclosure'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Employee Obligations: Core confidentiality obligations and duties of the employee regarding confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Security Measures: Required procedures for handling and protecting confidential information
8. Duration of Obligations: Period of confidentiality obligations during and after employment
9. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard contractual clauses including governing law, jurisdiction, and entire agreement
12. Execution: Signature blocks and execution details
1. Intellectual Property Rights: Section addressing ownership and protection of IP created during employment
2. International Data Transfer: Provisions for handling confidential information across borders
3. Industry-Specific Obligations: Additional obligations specific to regulated industries
4. Non-Competition: Restrictions on competitive activities (if permissible under Nigerian law)
5. Non-Solicitation: Restrictions on soliciting clients or employees
6. Digital Security Measures: Specific provisions for protecting digital information and using technology
7. Third Party Information: Handling of confidential information belonging to third parties
8. Whistleblower Protection: Provisions protecting legitimate whistleblowing activities
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Authorized Recipients: List of persons or roles authorized to receive specific confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the NDA
5. Appendix B - Exit Certification: Form for certifying compliance upon employment termination
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