This Information Technology Confidentiality Agreement template is designed for use in Nigerian business relationships where sensitive technical, operational, or proprietary information needs to be shared in the context of IT services, development, or consulting. It is particularly relevant when parties need to exchange confidential information during software development, IT system implementation, technical consulting, or digital transformation projects. The agreement ensures compliance with Nigerian legislation, including the NDPR 2019 and the Cybercrimes Act 2015, while providing comprehensive protection for technical specifications, source code, system architecture, trade secrets, and other confidential information. This document is essential for establishing clear obligations and responsibilities regarding the handling of sensitive information in technology-related business relationships within the Nigerian jurisdiction.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Authorized Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Data Protection Compliance: Specific provisions ensuring compliance with Nigerian Data Protection Regulation
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Duration and Termination: Term of the agreement and survival of obligations
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes intellectual property
2. Cross-Border Transfer Restrictions: Required when confidential information may be transferred outside Nigeria
3. Regulatory Compliance: Additional compliance requirements for regulated industries (e.g., financial services, healthcare)
4. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances
5. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship
6. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly relevant for high-sensitivity information
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types and categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific requirements for handling personal data under NDPR
5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information
Relevant legal definitions
Confidential Information
Technical Information
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Representatives
Personal Data
Source Code
Documentation
Intellectual Property Rights
Security Breach
Technical Specifications
System Architecture
Business Plans
Data Subject
Processing
Security Measures
Affiliate
Representatives
Permitted Purpose
Confidential Materials
Digital Assets
Third Party
Compliance Requirements
Data Protection Laws
Nigerian Data Protection Regulation
Effective Date
Term
Services
Company Systems
User Data
Access Credentials
Business Day
Force Majeure Event
Technical Information
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Representatives
Personal Data
Source Code
Documentation
Intellectual Property Rights
Security Breach
Technical Specifications
System Architecture
Business Plans
Data Subject
Processing
Security Measures
Affiliate
Representatives
Permitted Purpose
Confidential Materials
Digital Assets
Third Party
Compliance Requirements
Data Protection Laws
Nigerian Data Protection Regulation
Effective Date
Term
Services
Company Systems
User Data
Access Credentials
Business Day
Force Majeure Event
Clauses
Confidentiality
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Intellectual Property
Non-Competition
Non-Solicitation
Breach Notification
Indemnification
Term and Termination
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Notices
Survival
Remedies
Third Party Rights
Warranties
Compliance with Laws
Data Transfer
Security Measures
Audit Rights
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Intellectual Property
Non-Competition
Non-Solicitation
Breach Notification
Indemnification
Term and Termination
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Amendment
Notices
Survival
Remedies
Third Party Rights
Warranties
Compliance with Laws
Data Transfer
Security Measures
Audit Rights
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Telecommunications
E-commerce
Manufacturing
Government & Public Sector
Professional Services
Energy & Utilities
Media & Entertainment
Retail
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Risk Management
Compliance
Operations
Research and Development
Project Management
Executive Leadership
Business Development
Data Protection
Relevant Roles
Chief Information Officer
IT Director
Chief Technology Officer
Information Security Manager
Data Protection Officer
IT Project Manager
Software Development Manager
Systems Administrator
Network Engineer
Database Administrator
IT Consultant
Legal Counsel
Procurement Manager
Business Development Manager
Chief Executive Officer
Chief Operating Officer
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