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Freelance Marketing Contract

Freelance Marketing Contract Template for Denmark

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Freelance Marketing Contract

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Document background
The Freelance Marketing Contract is essential for businesses operating in Denmark that engage independent marketing professionals for their promotional and advertising needs. This document is specifically designed to comply with Danish contract law, marketing regulations, and EU data protection requirements. It should be used when a company wishes to formally engage a freelance marketing professional for services such as digital marketing, content creation, social media management, or marketing strategy development. The contract addresses key aspects including service scope, deliverables, payment terms, intellectual property rights, confidentiality, and data protection obligations. It's particularly important in the current digital age where marketing activities often involve personal data processing and multi-channel campaigns, requiring clear guidelines for GDPR compliance and marketing practices under Danish law.
Suggested Sections

1. Parties: Identification of the client and freelancer, including business registration numbers (CVR) and contact details

2. Background: Context of the agreement and brief overview of the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided

5. Term and Termination: Duration of the agreement and termination provisions

6. Fees and Payment Terms: Compensation, payment schedule, expenses, and invoicing requirements

7. Obligations of the Freelancer: Freelancer's commitments, including quality standards and delivery timelines

8. Client Responsibilities: Client's obligations, including provision of materials and approvals

9. Intellectual Property Rights: Ownership and usage rights of created materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling procedures

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Force Majeure: Provisions for unforeseen circumstances

14. Governing Law and Jurisdiction: Confirmation of Danish law application and dispute resolution

15. General Provisions: Miscellaneous legal provisions including assignment and amendments

Optional Sections

1. Non-Compete: Restrictions on working with competitors, used when sensitive market information is involved

2. Performance Metrics: Specific KPIs and success metrics, used for performance-based contracts

3. Subcontracting: Terms for engaging additional contractors, used when subcontracting might be needed

4. Insurance: Required insurance coverage, used for high-value or high-risk projects

5. Client's Brand Guidelines: Compliance with brand standards, used when working with established brands

6. Social Media Management: Specific terms for social media handling, used when services include social media

7. Content Approval Process: Detailed review and approval procedures, used for content-heavy projects

8. Crisis Management: Procedures for handling marketing crises, used for public-facing campaigns

9. Geographic Restrictions: Territorial limitations on marketing activities, used for region-specific campaigns

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of marketing services and deliverables

2. Schedule B - Fee Structure: Detailed pricing, payment milestones, and expense categories

3. Schedule C - Timeline and Milestones: Project timeline, key dates, and delivery schedule

4. Schedule D - Approved Marketing Channels: List of authorized marketing platforms and channels

5. Schedule E - Reporting Requirements: Format and frequency of performance reports

6. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Appendix 2 - Brand Guidelines: Client's branding requirements and usage rules

8. Appendix 3 - Contact List: Key stakeholders and their roles for both parties

Authors

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Relevant legal definitions
Agreement
Services
Deliverables
Marketing Materials
Client
Freelancer
Intellectual Property Rights
Confidential Information
Personal Data
Data Protection Legislation
Campaign
Project Timeline
Milestones
Fees
Expenses
Payment Terms
Approval Process
Brand Guidelines
Marketing Channels
Digital Assets
Content
Social Media Platforms
Marketing Strategy
Performance Metrics
Business Day
Force Majeure Event
Client Materials
Commencement Date
Term
Territory
Target Audience
Project Brief
Reports
Subcontractors
Third Party Materials
Working Hours
Revisions
Competitors
Marketing Budget
Success Metrics
Clauses
Interpretation
Services
Term and Termination
Payment
Obligations
Client Responsibilities
Intellectual Property
Confidentiality
Data Protection
Non-Compete
Warranties
Indemnification
Limitation of Liability
Force Majeure
Assignment
Subcontracting
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Marketing Standards
Quality Assurance
Deliverables
Performance Metrics
Approval Process
Brand Protection
Content Rights
Digital Assets
Social Media
Reporting
Expenses
Insurance
Compliance
Audit Rights
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and terms in Denmark. Essential for establishing the basic contractual relationship between parties.
Danish Marketing Practices Act (Markedsføringsloven): Regulates marketing activities and ensures compliance with fair marketing practices. Crucial for defining acceptable marketing methods and responsibilities.
Danish Act on Services in the Internal Market: Governs provision of services, including requirements for service contracts and information obligations for service providers.
Danish Data Protection Act (Databeskyttelsesloven): National implementation of GDPR, crucial for handling personal data in marketing activities.
EU General Data Protection Regulation (GDPR): Regulates personal data processing in marketing activities, including data collection, storage, and usage.
Danish VAT Act (Momsloven): Governs VAT obligations for freelancers and businesses, including requirements for invoicing and VAT registration.
Danish Tax Assessment Act (Ligningsloven): Covers tax implications of freelance work and business expenses, important for contract payment terms.
Danish E-Commerce Act (E-handelsloven): Relevant for digital marketing activities and online business operations.
Danish Copyright Act (Ophavsretsloven): Protects intellectual property rights in marketing materials and creative works.
Danish Competition Act (Konkurrenceloven): Relevant for non-compete clauses and market competition aspects in marketing contracts.
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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