The Non Disclosure Employee Agreement is a crucial legal document used in Nigeria to protect an organization's confidential information, trade secrets, and intellectual property in the context of employment relationships. It should be implemented at the start of employment or when an employee's role changes to include access to sensitive information. The agreement covers various aspects including definition of confidential information, scope of protection, duration of obligations, and consequences of breach, all while ensuring compliance with Nigerian employment law, data protection regulations, and other relevant legislation. This document is particularly important given Nigeria's growing technology and service sectors, where protection of proprietary information is crucial for maintaining competitive advantage.
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1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Explains the context of the agreement and the employee's role
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Employment: Outlines the employee's position and general duties
5. Confidentiality Obligations: Details the employee's obligations regarding confidential information, including use, storage, and non-disclosure
6. Duration of Obligations: Specifies how long the confidentiality obligations last, including post-employment
7. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
8. Intellectual Property Rights: Clarifies ownership of IP created during employment
9. Security Measures: Specifies required security procedures for handling confidential information
10. Breach and Consequences: Outlines what constitutes a breach and the resulting consequences
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
12. Execution: Signature blocks and execution requirements
1. Non-Competition: Restricts employee from working with competitors - use only where reasonable and necessary for business protection
2. Non-Solicitation: Prevents employee from soliciting clients or other employees - recommended for client-facing roles
3. Third Party Information: Additional provisions for handling third party confidential information - use when employee will have access to client or partner data
4. International Transfer of Data: Provisions for international data transfers - include for multinational companies
5. Remote Work Provisions: Special confidentiality measures for remote working - add for remote or hybrid workers
6. Industry-Specific Compliance: Additional compliance requirements for regulated industries like banking or healthcare
7. Social Media Policy: Guidelines for social media use and confidentiality - important for marketing or public-facing roles
8. Exit Interview Process: Detailed process for final confidentiality review - useful for senior positions
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information specific to the role
2. Schedule 2 - Approved Storage and Security Systems: List of approved storage methods and security protocols
3. Schedule 3 - Third Party Agreements: List of relevant third party agreements that affect confidentiality obligations
4. Schedule 4 - Department-Specific Information: Specific confidential information relevant to employee's department
5. Appendix A - Security Procedures: Detailed security procedures and protocols
6. Appendix B - Acknowledgment Forms: Forms for periodic acknowledgment of confidentiality obligations
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