Digital Advertising Agreement Template for England and Wales

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Key Requirements PROMPT example:

Digital Advertising Agreement

"I need a Digital Advertising Agreement for my e-commerce startup to engage a marketing agency for social media advertising campaigns across Meta and LinkedIn platforms, with a total budget of £50,000 and starting from March 2025."

Document background
The Digital Advertising Agreement is designed for use when establishing a formal relationship between advertisers and service providers in the digital advertising space. This contract, governed by English and Welsh law, addresses the complexities of modern digital advertising, including programmatic advertising, social media campaigns, and display advertising. It incorporates essential provisions for data protection, performance measurement, and regulatory compliance, while establishing clear deliverables and responsibilities for all parties involved.
Suggested Sections

1. Parties: Identification of contracting parties including registered addresses and company numbers

2. Background: Context of the agreement and brief description of the services

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of digital advertising services to be provided

5. Payment Terms: Fees, payment schedule, and invoicing requirements

6. Intellectual Property Rights: Ownership and usage rights of advertising materials and content

7. Data Protection and Privacy: Compliance with GDPR and data protection regulations

8. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Performance Metrics: KPIs and measurement criteria for advertising campaigns

2. Agency Obligations: Specific responsibilities of the advertising agency when working with an agency rather than direct advertiser

3. Client Obligations: Specific responsibilities of the client including provision of materials and approvals

4. Acceptance Testing: Process for reviewing and accepting deliverables for custom creative work or development

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of advertising services

2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of fees and payment terms

3. Schedule 3 - Service Level Agreement: Performance metrics and service levels

4. Appendix A - Campaign Brief: Specific campaign requirements and objectives

5. Appendix B - Creative Guidelines: Brand guidelines and creative requirements

6. Appendix C - Data Processing Agreement: Detailed data protection obligations and procedures

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
Relevant Teams
Relevant Roles
Industries

UK GDPR: The UK General Data Protection Regulation governing the processing of personal data and privacy rights in the UK post-Brexit

Data Protection Act 2018: The UK's implementation of data protection laws, working alongside UK GDPR to regulate how personal information is used

Privacy and Electronic Communications Regulations 2003: Regulations governing electronic communications, including rules about cookies, email marketing, and electronic privacy

Consumer Protection from Unfair Trading Regulations 2008: Legislation protecting consumers from unfair practices, misleading actions or aggressive commercial practices

Business Protection from Misleading Marketing Regulations 2008: Regulations protecting businesses from misleading advertising and setting comparative advertising standards

CAP Code: The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, setting standards for advertising practice

Electronic Commerce Regulations 2002: Regulations governing electronic commerce transactions and digital service provision in the UK

Consumer Contracts Regulations 2013: Rules governing distance selling and electronic contracts, including cancellation rights and information requirements

Copyright, Designs and Patents Act 1988: Primary legislation protecting intellectual property rights in creative works, including digital content

Trade Marks Act 1994: Legislation governing the protection and use of trademarks in advertising and commerce

Competition Act 1998: Legislation preventing anti-competitive practices and abuse of dominant market positions

Enterprise Act 2002: Framework for competition law and consumer protection in the UK market

Consumer Rights Act 2015: Key consumer protection legislation covering contracts for goods, services, and digital content

Consumer Protection Act 1987: Legislation providing protection to consumers in relation to defective products and safety

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts and limiting the extent to which liability can be excluded

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of contracts made for their benefit

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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