This Information Technology Non Disclosure Agreement is essential for businesses and organizations operating in Nigeria's growing digital economy. It should be used whenever parties need to share sensitive IT-related information such as source code, technical specifications, system architectures, or digital assets. The document ensures compliance with Nigerian legislation, including the NDPR 2019, Cybercrimes Act 2015, and NITDA regulations, while providing comprehensive protection for confidential information in digital formats. It's particularly crucial for technology service providers, software developers, and businesses engaging in IT projects or digital transformation initiatives. The agreement includes specific provisions for modern IT considerations such as cloud computing, data protection, and cybersecurity measures.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company registration numbers
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'IT Systems', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly IT-related information such as source code, algorithms, databases, and technical specifications
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Data Protection and Security Measures: Specific measures required to protect confidential information, including IT security protocols and compliance with NDPR requirements
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, professional advisors, or as required by law
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information, including digital data and backups
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach, including remedies and indemnification
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and variation
1. International Data Transfers: Required when confidential information will be transferred outside Nigeria, ensuring compliance with NDPR cross-border data transfer requirements
2. Source Code Protection: Specific provisions for protecting software source code when relevant to the business relationship
3. Cloud Storage and Processing: Special provisions for when confidential information will be stored or processed in cloud environments
4. Audit Rights: Rights to audit the receiving party's compliance with security measures and confidentiality obligations
5. Subcontractors: Provisions governing the use of subcontractors and their obligations regarding confidential information
6. Data Breach Notification: Specific procedures for notifying the disclosing party of any data breaches or security incidents
7. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
1. Schedule 1: Description of Confidential Information: Detailed list of specific types 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: Detailed IT security requirements and protocols for handling digital information
4. Schedule 4: Data Processing Requirements: Specific requirements for processing personal data in compliance with NDPR
5. Appendix A: Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by employees or subcontractors
6. Appendix B: Data Destruction Certificate: Template certificate confirming the destruction of confidential information
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