This Non Confidentiality Agreement is designed for use in situations where parties need to explicitly establish their right to share information freely, particularly in the Nigerian business context. It's commonly used in public relations, marketing collaborations, research partnerships, and other scenarios requiring transparent information sharing. The document addresses the growing need for clear documentation of non-confidential relationships in Nigeria's evolving business environment, incorporating relevant local legislation such as the Freedom of Information Act 2011 and the Nigerian Data Protection Regulation 2019. This agreement is particularly valuable when parties want to prevent future disputes about information sharing rights or need to demonstrate their explicit permission to disclose specific information. It includes provisions for defining non-confidential information, permitted uses, and any necessary exceptions, while ensuring compliance with Nigerian legal requirements.
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1. Parties: Identification of all parties entering into the agreement, including their legal names, addresses, and registration details if companies
2. Background: Context of the relationship between the parties and the purpose of entering into a non-confidentiality agreement
3. Definitions: Key terms used in the agreement, including 'Non-Confidential Information', 'Permitted Purpose', and any other relevant definitions
4. Scope of Non-Confidential Information: Clear specification of what information is considered non-confidential and can be freely shared
5. Permitted Uses and Disclosure: Details of how the non-confidential information can be used and shared by the receiving party
6. Duration: The period during which the agreement remains in effect
7. Representations and Warranties: Statements confirming the parties' rights to share the information and that sharing won't violate any third-party rights
8. Limited Exceptions: Any specific categories of information that remain confidential despite the general non-confidentiality agreement
9. Governing Law and Jurisdiction: Specification that Nigerian law governs the agreement and the courts having jurisdiction
10. Entire Agreement: Confirmation that this document represents the complete understanding between the parties regarding non-confidential information
1. Third Party Rights: Section addressing whether third parties have any rights under the agreement, useful when information might be shared with or accessed by third parties
2. Regulatory Compliance: Additional section needed when the information sharing must comply with specific regulatory requirements
3. Data Protection: Required when personal data is involved, ensuring compliance with Nigerian Data Protection Regulation
4. Severability: Optional clause stating that if any provision is found invalid, the rest of the agreement remains enforceable
5. Publicity Rights: Section specifically addressing rights to publicize the relationship or information, useful for marketing or PR purposes
1. Schedule 1 - Categories of Non-Confidential Information: Detailed list of specific types of information declared as non-confidential
2. Schedule 2 - Authorized Recipients: List of specific individuals, departments, or entities authorized to receive and use the non-confidential information
3. Schedule 3 - Excluded Information: List of any specific information that remains confidential despite the general non-confidentiality agreement
4. Appendix A - Sharing Protocols: Optional procedures for how information should be marked and shared between parties
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