This Cross Border NDA is essential for businesses engaging in international transactions or partnerships where confidential information needs to be shared across jurisdictional boundaries. The document is specifically structured to comply with Nigerian law while accommodating international business practices and data protection requirements. It should be used when Nigerian companies engage with foreign entities, or when international organizations conduct business in Nigeria requiring confidential information exchange. The agreement addresses key aspects such as data protection under the NDPR, cross-border data transfers, international enforcement mechanisms, and specific security protocols for different types of confidential information. It's particularly relevant for technology transfers, international joint ventures, foreign investments, and global business partnerships where Nigerian law serves as the governing framework.
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1. Parties: Identification of all parties to the agreement, including their registered addresses and company registration details
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Data Protection and Cross-Border Transfers: Compliance with Nigerian NDPR and relevant international data protection laws
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination
10. Term and Survival: Duration of the agreement and survival of obligations
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Solicitation: Optional clause preventing solicitation of employees, useful when parties will have access to information about each other's personnel
2. Specific Security Protocols: Detailed security requirements, recommended when sharing highly sensitive technical or commercial information
3. Competing Projects: Provisions regarding involvement in competing projects, useful in competitive industries
4. Local Representative: Appointment of local representatives in relevant jurisdictions, useful for large multinational arrangements
5. Translation: Provisions regarding official translations and prevailing language, needed when parties are from different language jurisdictions
6. Insurance Requirements: Specific insurance requirements for handling confidential information, useful for high-value or sensitive information
7. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for highly regulated industries
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures required
3. Schedule 3 - Data Processing Requirements: Specific requirements for processing personal data under NDPR
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or authorized recipients
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Affiliate
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Controller
Data Protection Laws
Disclosing Party
Effective Date
Electronic Systems
Force Majeure
Group
Intellectual Property Rights
Local Representative
NDPR
Notice
Parties
Personal Data
Permitted Disclosures
Processing
Processor
Proprietary Information
Receiving Party
Representatives
Restricted Territory
Security Breach
Security Requirements
Sensitive Information
Subsidiary
Term
Third Party
Trade Secrets
Transfer
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Controller
Data Protection Laws
Disclosing Party
Effective Date
Electronic Systems
Force Majeure
Group
Intellectual Property Rights
Local Representative
NDPR
Notice
Parties
Personal Data
Permitted Disclosures
Processing
Processor
Proprietary Information
Receiving Party
Representatives
Restricted Territory
Security Breach
Security Requirements
Sensitive Information
Subsidiary
Term
Third Party
Trade Secrets
Transfer
Clauses
Confidentiality
Data Protection
International Transfer
Security Requirements
Permitted Use
Return of Information
Breach Notification
Remedies
Duration and Survival
Third Party Rights
Assignment
Force Majeure
Severability
Entire Agreement
Notices
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Amendments
Electronic Execution
Language
Counterparts
Local Representatives
Waiver
Legal Compliance
Non-Solicitation
Audit Rights
Data Protection
International Transfer
Security Requirements
Permitted Use
Return of Information
Breach Notification
Remedies
Duration and Survival
Third Party Rights
Assignment
Force Majeure
Severability
Entire Agreement
Notices
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Amendments
Electronic Execution
Language
Counterparts
Local Representatives
Waiver
Legal Compliance
Non-Solicitation
Audit Rights
Relevant Industries
Technology
Oil and Gas
Financial Services
Manufacturing
Telecommunications
Healthcare
Agriculture
Mining
Professional Services
Education
Pharmaceuticals
Real Estate
Energy
Construction
International Trade
Relevant Teams
Legal
Compliance
International Business Development
Information Security
Research and Development
Corporate Affairs
Risk Management
Operations
Procurement
Executive Leadership
Information Technology
Finance
Business Strategy
Data Protection
Relevant Roles
Chief Executive Officer
Chief Legal Officer
International Business Development Manager
Compliance Officer
Data Protection Officer
Head of International Operations
Chief Technology Officer
Corporate Counsel
Investment Director
Business Development Director
Chief Information Security Officer
Head of Research and Development
International Project Manager
Chief Financial Officer
Procurement Manager
Strategic Partnerships Director
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