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Digital Marketing Contract

Digital Marketing Contract Template for Denmark

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Digital Marketing Contract

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Document background
The Digital Marketing Contract serves as a crucial legal framework for businesses engaging in digital marketing activities within Denmark's jurisdiction. It is designed for situations where a company or individual seeks to formally engage digital marketing services, whether from an agency, consultant, or freelance professional. The document encompasses essential elements required under Danish law, including compliance with the Danish Marketing Practices Act and GDPR requirements. It provides comprehensive coverage of modern digital marketing activities while ensuring alignment with Danish business practices and EU regulations. This contract type is particularly relevant in today's digital-first business environment, where clear terms for online marketing activities, data handling, and performance metrics are essential for successful business relationships.
Suggested Sections

1. Parties: Identification of the service provider (digital marketing agency) and the client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the client's business nature and marketing needs, and the agency's expertise

3. Definitions: Key terms used throughout the agreement, including technical marketing terms, performance metrics, and compliance-related definitions

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

5. Agency Obligations: Key responsibilities and commitments of the marketing agency, including service delivery, reporting, and compliance requirements

6. Client Obligations: Client's responsibilities, including providing necessary access, materials, and approvals

7. Data Protection and Privacy: GDPR compliance measures, data processing terms, and privacy protection obligations

8. Performance Metrics and Reporting: KPIs, reporting frequency, and performance evaluation criteria

9. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms

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

11. Term and Termination: Contract duration, renewal terms, and termination conditions

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

14. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Social Media Management: Specific terms for social media account management and content creation, used when social media services are included

2. Influencer Marketing: Terms governing influencer collaboration and management, included when influencer marketing is part of the services

3. Content Creation and Approval: Detailed process for content creation, approval workflows, and revision cycles, used for content marketing services

4. Search Engine Optimization: Specific terms for SEO services, including performance metrics and optimization strategies

5. Pay-Per-Click Advertising: Terms specific to PPC campaign management, including budget management and performance targets

6. Third-Party Tools and Services: Terms governing the use of third-party marketing tools and services, included when specific tools are part of the service offering

7. International Marketing: Additional terms for cross-border marketing activities, included for international campaigns

8. Crisis Management: Procedures and responsibilities for managing marketing-related crises or reputation issues

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed performance standards, response times, and service quality metrics

2. Schedule B - Fee Structure: Detailed breakdown of fees, pricing models, and payment terms

3. Schedule C - Campaign Specifications: Technical specifications for marketing campaigns, including target audiences and channels

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

5. Schedule E - Approved Marketing Channels: List of approved marketing platforms and channels with specific requirements for each

6. Schedule F - Reporting Templates: Standard formats for performance reports and analytics

7. Schedule G - Brand Guidelines: Client's branding requirements and usage guidelines

8. Appendix 1 - Key Personnel: List of key team members from both parties with roles and contact information

9. Appendix 2 - Technical Requirements: Technical specifications for digital marketing tools and integrations

Authors

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Relevant legal definitions
Agreement
Advertising Materials
Applicable Law
Approved Marketing Channels
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Content
Conversion
Cookie
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Digital Marketing Services
Effective Date
Force Majeure
GDPR
Intellectual Property Rights
Key Performance Indicators (KPIs)
Marketing Budget
Marketing Calendar
Marketing Strategy
Metrics
Personal Data
Platform
Privacy Policy
Project Timeline
Regular Business Hours
Reporting Period
Service Level Agreement
Services
Social Media Channels
Specifications
Target Audience
Term
Territory
Third-Party Tools
User Data
Working Hours
Clauses
Parties
Definitions
Services Scope
Term and Duration
Fees and Payment
Performance Requirements
Service Levels
Data Protection
Intellectual Property
Confidentiality
Non-Competition
Non-Solicitation
Marketing Compliance
Content Rights
Social Media Management
Platform Access
Reporting Requirements
Client Obligations
Agency Obligations
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Exit Obligations
Dispute Resolution
Governing Law
Assignment
Subcontracting
Amendments
Notices
Entire Agreement
Severability
Third Party Rights
Representation and Warranties
Audit Rights
Insurance
Brand Guidelines Compliance
Performance Metrics
Campaign Approval Process
Budget Management
Cookie Compliance
GDPR Compliance
Marketing Standards Compliance
Crisis Management
Relevant Industries
Relevant Teams
Relevant Roles
Industries
General Data Protection Regulation (GDPR): EU regulation on data protection and privacy, particularly relevant for digital marketing activities involving personal data processing, consent management, and data subject rights
Danish Marketing Practices Act (Markedsføringsloven): National law governing marketing practices, including rules on fair marketing, misleading advertising, and specific requirements for digital marketing communications
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark, providing the legal framework for business agreements
Danish E-Commerce Act (E-handelsloven): Legislation implementing the EU E-Commerce Directive, governing electronic commerce and digital service provision
Danish Cookie Order (Cookie-bekendtgørelsen): Specific regulation on the use of cookies and similar tracking technologies in digital marketing and websites
Danish Consumer Contracts Act (Forbrugeraftaleloven): Law protecting consumer rights in contractual relationships, including specific provisions for digital services and distance selling
Danish Act on Electronic Communications Networks and Services: Regulations concerning electronic communications, including rules on commercial electronic communications and spam
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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