The Employee Exit Non Disclosure Agreement is a crucial document used when employees leave an organization in Nigeria, whether through resignation, termination, or mutual separation. It serves to protect confidential information, trade secrets, and intellectual property that the employee had access to during their employment. The agreement must comply with Nigerian labor law, including the Labour Act and relevant data protection regulations. It typically includes detailed provisions about what constitutes confidential information, obligations for returning company property, duration of confidentiality obligations, and consequences of breach. This document is particularly important in industries handling sensitive information and should be implemented as part of a standard exit process to maintain business security and competitive advantage.
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1. Parties: Identification of the employer company and the departing employee
2. Background: Context of the agreement, including reference to the employment relationship and its termination
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Company Property'
4. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
5. Return of Company Property: Requirements for returning all company property, documents, and materials
6. Duration of Obligations: Timeframe for which confidentiality obligations remain in effect
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements, court orders)
8. Employee Acknowledgments: Employee's confirmation of understanding and acceptance of obligations
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Survival: Provisions that continue after termination of the agreement
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Non-Competition: Restrictions on working with competitors, used when protecting legitimate business interests and reasonable in scope
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when protecting business relationships
3. Intellectual Property Assignment: Additional provisions for assigning any residual IP rights, used when IP creation was part of employment
4. Data Protection Obligations: Specific obligations regarding personal data handling, included when employee had access to personal data
5. Third Party Rights: Rights of group companies or affiliates to enforce the agreement, used for corporate groups
6. Severability: Provisions for partial enforcement if parts are found invalid, used in higher-risk agreements
7. Assignment: Rights to assign the agreement, included when corporate restructuring is anticipated
1. Schedule 1 - Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Company Property: Inventory of company property to be returned
3. Schedule 3 - Existing Projects: List of projects or matters where ongoing confidentiality is particularly critical
4. Appendix A - Acknowledgment Form: Form confirming return of all company property and documents
5. Appendix B - Exit Interview Checklist: Checklist covering confidentiality obligations and property return
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Energy
Pharmaceuticals
Research and Development
Defense
Media and Entertainment
Consulting
Mining
Oil and Gas
Educational Services
Relevant Teams
Legal
Human Resources
Information Technology
Research & Development
Executive Leadership
Finance
Sales
Marketing
Operations
Product Development
Customer Service
Business Development
Strategy
Engineering
Administration
Relevant Roles
Chief Executive Officer
Chief Technical Officer
Chief Financial Officer
Senior Software Engineer
Research Scientist
Product Manager
Business Development Manager
HR Director
Legal Counsel
Project Manager
Systems Administrator
Database Administrator
Financial Analyst
Marketing Director
Operations Manager
Sales Director
Account Manager
Strategy Consultant
Department Head
Executive Assistant
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