The NDA For Business Partnership is a critical legal document used when two or more parties in Nigeria are exploring or entering into a business partnership and need to share sensitive information. This document is essential in the Nigerian business context where protection of proprietary information requires robust legal safeguards. It should be used before commencing detailed partnership discussions or due diligence processes, and continues to protect confidential information throughout the partnership. The agreement is drafted in compliance with Nigerian contract law, partnership regulations, and data protection requirements, making it specifically enforceable in Nigerian courts. It covers various types of confidential information including trade secrets, financial data, customer information, and business strategies, while accounting for local business customs and legal precedents.
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1. Parties: Identification of all parties entering into the NDA, including their registered addresses and company details
2. Background: Context of the business partnership and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it can be identified
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of 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
12. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
1. Non-Solicitation: Prevents parties from soliciting each other's employees or clients - include when there's significant risk of talent or client poaching
2. Data Protection Compliance: Specific obligations regarding personal data protection - include when personal data will be shared
3. Intellectual Property Rights: Clarification of IP ownership and licenses - include when IP is likely to be created or shared
4. Export Control: Compliance with export control laws - include for international partnerships or controlled technologies
5. Competition Law Compliance: Ensures compliance with competition laws - include when parties are competitors
6. Press Releases and Publicity: Controls on public announcements - include for high-profile partnerships
7. Force Majeure: Provisions for unforeseen circumstances - include for long-term NDAs
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the business purpose for which confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives and employees
Relevant legal definitions
Confidential Information
Permitted Purpose
Partnership Opportunity
Disclosing Party
Receiving Party
Representatives
Affiliate
Business Day
Commencement Date
Confidentiality Period
Disclosed Information
Trade Secrets
Intellectual Property Rights
Authorized Recipients
Group Company
Partnership Project
Professional Advisers
Proprietary Information
Related Person
Security Measures
Sensitive Information
Third Party
Unauthorized Disclosure
Working Hours
Data Protection Laws
Nigerian Business Day
Confidentiality Undertaking
Material Breach
Permitted Disclosures
Business Operations
Permitted Purpose
Partnership Opportunity
Disclosing Party
Receiving Party
Representatives
Affiliate
Business Day
Commencement Date
Confidentiality Period
Disclosed Information
Trade Secrets
Intellectual Property Rights
Authorized Recipients
Group Company
Partnership Project
Professional Advisers
Proprietary Information
Related Person
Security Measures
Sensitive Information
Third Party
Unauthorized Disclosure
Working Hours
Data Protection Laws
Nigerian Business Day
Confidentiality Undertaking
Material Breach
Permitted Disclosures
Business Operations
Clauses
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Information Protection
Return of Information
Term and Termination
Remedies
Governing Law
Jurisdiction
Notice Requirements
Assignment
Variation
Severability
Entire Agreement
Third Party Rights
Force Majeure
Counterparts
Data Protection
Non-Solicitation
Publicity Restrictions
Survival
Representatives' Obligations
Security Measures
Breach Notification
Dispute Resolution
Permitted Use
Permitted Disclosure
Information Protection
Return of Information
Term and Termination
Remedies
Governing Law
Jurisdiction
Notice Requirements
Assignment
Variation
Severability
Entire Agreement
Third Party Rights
Force Majeure
Counterparts
Data Protection
Non-Solicitation
Publicity Restrictions
Survival
Representatives' Obligations
Security Measures
Breach Notification
Dispute Resolution
Relevant Industries
Technology and IT
Manufacturing
Oil and Gas
Financial Services
Telecommunications
Healthcare
Real Estate
Agricultural Business
Professional Services
Retail and Distribution
Construction
Energy
Mining
Education
Transportation and Logistics
Relevant Teams
Legal
Executive Leadership
Business Development
Corporate Strategy
Operations
Finance
Compliance
Risk Management
Information Technology
Research and Development
Corporate Affairs
Investment
Procurement
Project Management
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Financial Officer
Partnership Manager
Operations Director
Project Manager
Contract Manager
Compliance Officer
Chief Technology Officer
Strategy Director
Investment Manager
Corporate Secretary
Risk Manager
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