Digital Marketing Services Agreement Template for Germany

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Key Requirements PROMPT example:

Digital Marketing Services Agreement

"I need a Digital Marketing Services Agreement for my e-commerce startup in Germany, focusing on social media management and influencer marketing, with strict data protection clauses and the ability to terminate with 30 days' notice."

Document background
The Digital Marketing Services Agreement is essential for businesses engaging external digital marketing expertise in the German market. This document is used when a company (the client) wishes to outsource its digital marketing activities to a professional service provider. It establishes the legal framework for the service relationship while ensuring compliance with German regulations, including the Civil Code (BGB), data protection laws (GDPR/DSGVO), and advertising standards. The agreement covers crucial aspects such as service scope, deliverables, performance metrics, data handling, and intellectual property rights. It's particularly relevant in today's digital economy where businesses increasingly rely on professional digital marketing services while needing to maintain regulatory compliance and protect their interests.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names, addresses, and registration details as required by German law

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including specific digital marketing terminology and German legal terms

4. Scope of Services: Detailed description of digital marketing services to be provided, including specific channels and activities

5. Service Provider's Obligations: Detailed responsibilities of the service provider, including performance standards and compliance requirements

6. Client's Obligations: Client's responsibilities, including provision of materials, approvals, and cooperation requirements

7. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements in compliance with German pricing regulations

8. Term and Termination: Duration of the agreement, renewal terms, and termination provisions in accordance with German law

9. Data Protection and Privacy: GDPR/DSGVO compliance requirements and data processing terms

10. Intellectual Property Rights: Ownership and usage rights for marketing materials, content, and campaign assets

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitations of liability and indemnification provisions compliant with German law

13. Force Majeure: Provisions for unforeseeable circumstances preventing performance

14. General Provisions: Standard clauses including notices, amendments, and governing law

Optional Sections

1. Service Level Agreement (SLA): Include when specific performance metrics and response times need to be contractually guaranteed

2. Social Media Management: Include when services specifically involve social media platform management

3. Content Creation and Approval Process: Include when the service provider will be creating content for the client

4. Competition and Exclusivity: Include when the client requires exclusivity or restrictions on working with competitors

5. Analytics and Reporting: Include when specific reporting requirements and KPIs need to be contractually defined

6. Subcontractor Provisions: Include when the service provider may need to engage subcontractors

7. International Services: Include when services will be provided across multiple jurisdictions

8. Crisis Management: Include when handling social media or PR crises is part of the service scope

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed breakdown of specific digital marketing services, channels, and deliverables

2. Schedule 2 - Fee Schedule: Detailed pricing structure, including rates for different services and any variable components

3. Schedule 3 - Service Level Agreement: Specific performance metrics, response times, and quality standards

4. Schedule 4 - Data Processing Agreement: Detailed GDPR/DSGVO-compliant data processing terms and procedures

5. Appendix A - Campaign Guidelines: Brand guidelines, content requirements, and approval procedures

6. Appendix B - Reporting Templates: Standard formats for performance reports and analytics

7. Appendix C - Technical Requirements: Technical specifications and platform requirements

8. Appendix D - Key Personnel: List of key team members and their roles in service delivery

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Technology

Professional Services

Healthcare

Financial Services

Entertainment

Education

Manufacturing

Hospitality

Real Estate

Consumer Goods

Automotive

Travel and Tourism

Non-Profit Organizations

Relevant Teams

Marketing

Digital

Legal

Procurement

Compliance

Operations

Brand Management

Content

Social Media

E-commerce

Business Development

Finance

Risk Management

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Marketing Coordinator

Content Manager

Social Media Manager

Brand Manager

E-commerce Manager

Marketing Operations Manager

Legal Counsel

Procurement Manager

Contract Manager

Chief Digital Officer

Marketing Compliance Officer

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Fundamental contract law provisions governing service agreements, general terms and conditions, and contractual obligations
General Data Protection Regulation (GDPR/DSGVO): EU/German data protection requirements for handling personal data in digital marketing activities
Telemedia Act (Telemediengesetz - TMG): German law governing digital services, including requirements for online marketing and electronic communication
Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulations on fair competition and advertising practices, including digital marketing restrictions
Price Indication Regulation (Preisangabenverordnung - PAngV): Requirements for price transparency and disclosure in marketing and advertising
Interstate Broadcasting Treaty (Rundfunkstaatsvertrag - RStV): Regulations regarding online advertising and media services
EU E-Commerce Directive (as implemented in German law): Framework for electronic commerce and digital services in the EU/German market
Network Enforcement Act (Netzwerkdurchsetzungsgesetz - NetzDG): Regulations regarding social media content and online platforms if social media marketing is involved
Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): Additional German-specific data protection requirements supplementing GDPR
Cookie Directive (EU ePrivacy Directive as implemented in German law): Requirements for use of cookies and similar technologies in digital marketing
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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