This Mutual NDA template is specifically crafted for use under Nigerian law when two or more parties need to share sensitive business, technical, or proprietary information. It's particularly relevant for business negotiations, due diligence processes, joint ventures, and other commercial relationships where confidential information needs to flow both ways. The document incorporates provisions that align with Nigerian contract law principles, the Nigeria Data Protection Regulation 2019, and recognized business practices in Nigeria. This template addresses key aspects such as scope of confidential information, permitted disclosures, security measures, and enforcement mechanisms, while ensuring compliance with local regulatory requirements. The Mutual NDA is essential for protecting trade secrets, intellectual property, and sensitive business information during commercial discussions or collaborations.
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1. Parties: Identification of all parties to the agreement with full legal names and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Confidentiality Obligations: Core mutual obligations regarding protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
6. Security Measures: Specific measures required to protect confidential information
7. Return or Destruction: Obligations regarding return or destruction of confidential information upon termination
8. Duration and Termination: Term of the agreement and survival of obligations
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Data Protection Compliance: Additional provisions for compliance with NDPR 2019, required if personal data will be shared
2. Intellectual Property Rights: Specific provisions protecting IP rights, needed if technical information or trade secrets will be shared
3. Non-Solicitation: Prevents parties from soliciting each other's employees, optional depending on business context
4. Export Control: Required if information subject to export control regulations will be shared
5. Publicity: Restrictions on public announcements about the relationship, important for sensitive business relationships
6. Representatives' Obligations: Detailed provisions regarding obligations of representatives, advisable for complex corporate relationships
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Appendix A - Forms: Standard forms including confidentiality undertakings for representatives
Relevant legal definitions
Affiliate
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Disclosing Party
Effective Date
Electronic Form
Group
Information
Intellectual Property Rights
Notice
Party/Parties
Personal Data
Permitted Purpose
Representatives
Receiving Party
Related Persons
Security Measures
Subsidiary
Term
Third Party
Trade Secrets
Working Hours
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Disclosing Party
Effective Date
Electronic Form
Group
Information
Intellectual Property Rights
Notice
Party/Parties
Personal Data
Permitted Purpose
Representatives
Receiving Party
Related Persons
Security Measures
Subsidiary
Term
Third Party
Trade Secrets
Working Hours
Clauses
Interpretation
Confidentiality Obligations
Permitted Disclosures
Data Protection
Information Security
Return of Information
Intellectual Property
Non-Circumvention
Duration and Survival
Termination
Remedies
Indemnification
Force Majeure
Assignment
Notices
Severability
Variation
Waiver
Third Party Rights
Entire Agreement
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Confidentiality Obligations
Permitted Disclosures
Data Protection
Information Security
Return of Information
Intellectual Property
Non-Circumvention
Duration and Survival
Termination
Remedies
Indemnification
Force Majeure
Assignment
Notices
Severability
Variation
Waiver
Third Party Rights
Entire Agreement
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Oil and Gas
Telecommunications
Real Estate
Construction
Agriculture
Education
Retail
Mining
Energy
Entertainment
Relevant Teams
Legal
Business Development
Executive Leadership
Operations
Finance
Information Technology
Research and Development
Human Resources
Compliance
Commercial
Corporate Development
Procurement
Strategy
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Legal Officer
Contract Manager
Chief Financial Officer
Project Manager
Chief Technology Officer
Head of Operations
Chief Commercial Officer
Research and Development Director
Human Resources Director
Chief Information Officer
Compliance Officer
Investment Manager
Partnership Manager
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