This Subcontractor NDA template is designed for use in the Nigerian business environment where main contractors need to share confidential information with subcontractors while maintaining strict control over its use and dissemination. The document is particularly relevant in situations where subcontractors will have access to sensitive business information, intellectual property, or proprietary processes during project execution. It incorporates key requirements under Nigerian law, including compliance with the Freedom of Information Act 2011 and data protection regulations. The agreement is structured to protect both the main contractor's interests and any confidential information belonging to their clients that may be shared with subcontractors. It includes specific provisions for information handling, security measures, and breach remedies, making it suitable for both short-term project engagements and longer-term subcontractor relationships.
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1. Parties: Identifies the main contractor, subcontractor, and any other relevant parties to the agreement
2. Background: Explains the context of the subcontractor relationship and the need for confidentiality
3. Definitions: Defines key terms including Confidential Information, Permitted Purpose, Representatives, and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
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 advisers
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration of Obligations: Period for which confidentiality obligations remain in force
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Include when confidential information includes IP-protected materials or when IP rights need to be explicitly addressed
2. Data Protection Compliance: Include when confidential information includes personal data subject to Nigerian Data Protection Regulation
3. Third Party Information: Include when subcontractor may have access to confidential information belonging to third parties
4. Export Control: Include when confidential information may be subject to export control regulations
5. Non-Competition: Include when there's a need to restrict subcontractor from competing activities
6. Non-Solicitation: Include when there's a need to prevent subcontractor from soliciting employees or clients
7. Force Majeure: Include when specific provisions for unforeseen circumstances affecting confidentiality obligations are needed
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Approved Security Measures: Specific security protocols and measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Appendix A - Information Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
5. Appendix B - Data Breach Response Protocol: Procedures to be followed in case of unauthorized disclosure or security breach
Relevant legal definitions
Confidential Information
Permitted Purpose
Agreement
Affiliate
Authorized Representative
Business Day
Commencement Date
Contractor
Subcontractor
Disclosing Party
Receiving Party
Effective Date
Group
Information
Intellectual Property Rights
Main Contract
Notice
Parent Company
Permitted Disclosees
Project
Representatives
Security Requirements
Services
Termination Date
Third Party
Trade Secrets
Working Hours
Data Protection Laws
Confidentiality Period
Breach
Permitted Purpose
Agreement
Affiliate
Authorized Representative
Business Day
Commencement Date
Contractor
Subcontractor
Disclosing Party
Receiving Party
Effective Date
Group
Information
Intellectual Property Rights
Main Contract
Notice
Parent Company
Permitted Disclosees
Project
Representatives
Security Requirements
Services
Termination Date
Third Party
Trade Secrets
Working Hours
Data Protection Laws
Confidentiality Period
Breach
Clauses
Definitions
Interpretation
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Information Security
Data Protection
Return of Information
Intellectual Property
Duration and Survival
Breach and Remedies
Indemnification
Assignment and Succession
Third Party Rights
Force Majeure
Notices
Severability
Entire Agreement
Variation
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Term and Termination
Non-Competition
Non-Solicitation
Subcontractor Obligations
Compliance with Laws
Audit Rights
Representatives and Personnel
Interpretation
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Information Security
Data Protection
Return of Information
Intellectual Property
Duration and Survival
Breach and Remedies
Indemnification
Assignment and Succession
Third Party Rights
Force Majeure
Notices
Severability
Entire Agreement
Variation
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Term and Termination
Non-Competition
Non-Solicitation
Subcontractor Obligations
Compliance with Laws
Audit Rights
Representatives and Personnel
Relevant Industries
Construction
Information Technology
Oil and Gas
Manufacturing
Professional Services
Healthcare
Telecommunications
Financial Services
Engineering
Energy
Mining
Infrastructure Development
Real Estate
Relevant Teams
Legal
Procurement
Operations
Risk and Compliance
Human Resources
Project Management
Supply Chain
Business Development
Executive Management
Information Technology
Contract Administration
Relevant Roles
Project Manager
Procurement Manager
Legal Counsel
Contract Administrator
Operations Director
Chief Executive Officer
Business Development Manager
Technical Director
Risk Manager
Compliance Officer
Human Resources Manager
Supply Chain Manager
General Counsel
Chief Operating Officer
Project Coordinator
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