Practical Challenges in Enforcing Non-Disclosure Agreements in Nigeria’s Technology Sector

Non-disclosure agreements are widely used in Nigeria's rapidly growing technology sector to protect proprietary information, trade secrets, and business strategies, yet their enforcement in Nigerian courts presents substantial practical challenges. This study examines the practical difficulties associated with enforcing non-disclosure agreements in the Nigerian technology industry, focusing on disputes in Lagos, Abuja, and Enugu technology hubs between 2020 and 2024. Using a professional research design combining doctrinal analysis with practitioner-focused surveys, the study evaluates the legal standards for establishing breach of confidentiality, the remedies available including injunctions and damages, and the procedural burdens of proof that frequently frustrate enforcement. Interviews with 35 technology company legal officers and 20 intellectual property practitioners provide primary data on how non-disclosure agreements are drafted, executed, and enforced in practice. Findings reveal that many technology companies use inadequately drafted template agreements that fail to define confidential information with sufficient precision, making judicial enforcement difficult. The study also examines how digital evidence challenges, including encrypted communications and cloud-stored data, complicate breach investigations. Recommendations include the development of sector-specific non-disclosure agreement templates, mandatory legal review requirements for high-value agreements, and enhanced judicial capability in technology-related commercial disputes. Keywords: non-disclosure agreements, confidentiality, technology sector, trade secrets, enforcement