The Financial Non Disclosure Agreement is a crucial legal instrument used in Nigerian financial and business transactions where sensitive financial information needs to be shared between parties. This document is essential when parties are engaging in financial due diligence, merger negotiations, investment discussions, or other situations requiring the exchange of confidential financial data. It is structured to comply with Nigerian financial regulations, including the Banks and Other Financial Institutions Act (BOFIA) 2020 and the Nigeria Data Protection Regulation (NDPR) 2019. The agreement provides comprehensive protection for financial information, including financial statements, business plans, pricing strategies, customer data, and trade secrets, while establishing clear obligations and remedies under Nigerian law.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company registration details
2. Background: Context of the agreement, including the nature of the financial relationship and purpose of sharing confidential information
3. Definitions: Detailed definitions of terms including 'Confidential Information', 'Financial Information', 'Trade Secrets', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential financial information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including storage, handling, and protection 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 security protocols required for protecting confidential information
8. Return or Destruction of Information: Procedures for returning or destroying confidential information upon request or termination
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Specific provisions addressing compliance with NDPR 2019, needed when personal data is involved
2. Digital Information Handling: Special provisions for electronic data, needed when confidential information is primarily digital
3. Third Party Rights: Provisions regarding rights of third parties, needed when third party information might be involved
4. International Transfer of Information: Provisions for cross-border information transfer, needed for international parties
5. Regulatory Compliance: Special provisions for regulated entities like banks or financial institutions
6. Force Majeure: Provisions for extraordinary events affecting confidentiality obligations
7. Insurance Requirements: Specific insurance requirements for covering potential breaches, needed for high-value financial information
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of financial information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information
6. Appendix B - Incident Response Plan: Procedures to follow in case of actual or suspected breach
Relevant legal definitions
Confidential Information
Financial Information
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Representatives
Affiliate
Group Company
Permitted Purpose
Permitted Disclosees
Business Day
Confidentiality Period
Financial Data
Material Non-Public Information
Inside Information
Financial Statements
Business Plans
Financial Projections
Customer Data
Banking Information
Investment Information
Trade Information
Financial Products
Financial Services
Pricing Information
Cost Information
Market Analysis
Financial Models
Due Diligence Information
Intellectual Property Rights
Representatives
Security Protocols
Data Protection Laws
Breach
Confidentiality Obligations
Term
Effective Date
Termination Date
Nigerian Law
Force Majeure Event
Digital Information
Electronic Data
Regulatory Authority
Compliance Requirements
Financial Information
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Representatives
Affiliate
Group Company
Permitted Purpose
Permitted Disclosees
Business Day
Confidentiality Period
Financial Data
Material Non-Public Information
Inside Information
Financial Statements
Business Plans
Financial Projections
Customer Data
Banking Information
Investment Information
Trade Information
Financial Products
Financial Services
Pricing Information
Cost Information
Market Analysis
Financial Models
Due Diligence Information
Intellectual Property Rights
Representatives
Security Protocols
Data Protection Laws
Breach
Confidentiality Obligations
Term
Effective Date
Termination Date
Nigerian Law
Force Majeure Event
Digital Information
Electronic Data
Regulatory Authority
Compliance Requirements
Clauses
Confidentiality Obligations
Information Protection
Permitted Disclosures
Data Security
Return of Information
Non-Disclosure
Data Protection
Regulatory Compliance
Term and Termination
Breach and Remedies
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Warranties and Representations
Assignment
Severability
Entire Agreement
Amendment
Notices
Force Majeure
Third Party Rights
Digital Security
Information Handling
International Transfer
Survival
Permitted Use
Security Measures
Unauthorized Disclosure
Recordkeeping
Audit Rights
Regulatory Reporting
Insider Trading Prevention
Intellectual Property
Damages
Information Protection
Permitted Disclosures
Data Security
Return of Information
Non-Disclosure
Data Protection
Regulatory Compliance
Term and Termination
Breach and Remedies
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Warranties and Representations
Assignment
Severability
Entire Agreement
Amendment
Notices
Force Majeure
Third Party Rights
Digital Security
Information Handling
International Transfer
Survival
Permitted Use
Security Measures
Unauthorized Disclosure
Recordkeeping
Audit Rights
Regulatory Reporting
Insider Trading Prevention
Intellectual Property
Damages
Relevant Industries
Financial Services
Banking
Investment Management
Insurance
Financial Technology
Professional Services
Corporate Finance
Wealth Management
Private Equity
Venture Capital
Asset Management
Real Estate Finance
Mergers and Acquisitions
Relevant Teams
Legal
Finance
Compliance
Risk Management
Corporate Development
Treasury
Investment
Due Diligence
Mergers & Acquisitions
Executive Management
Company Secretariat
Information Security
Relevant Roles
Chief Financial Officer
Financial Director
Investment Manager
Financial Controller
Compliance Officer
Legal Counsel
Risk Manager
Investment Analyst
Due Diligence Officer
Treasury Manager
Financial Analyst
Corporate Finance Manager
Mergers & Acquisitions Director
Chief Investment Officer
Financial Advisory Manager
Chief Executive Officer
Company Secretary
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