Marketing Confidentiality Agreement Generator for England and Wales

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Key Requirements PROMPT example:

Marketing Confidentiality Agreement

"I need a Marketing Confidentiality Agreement to protect our new product launch strategy when sharing it with an external PR agency in March 2025, with specific provisions for protecting customer data and market research findings."

Document background
This Marketing Confidentiality Agreement is designed for use when parties need to share sensitive marketing information in England and Wales. It provides legal protection for confidential marketing materials, including campaign strategies, market research, pricing information, customer data, and creative content. The agreement is particularly relevant when engaging with external marketing agencies, consultants, or partners, ensuring that proprietary marketing information remains protected while enabling effective collaboration. It incorporates requirements under UK data protection laws and established confidentiality principles under English common law.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Confidential Information: Definition and scope of protected information

5. Obligations of Confidentiality: Core confidentiality duties and restrictions

6. Permitted Uses: Authorized uses of confidential information

7. Term and Termination: Duration and termination provisions

8. Return of Information: Procedures for returning or destroying confidential information

Optional Sections

1. Data Protection Compliance: Specific provisions for personal data handling when marketing activities involve personal data

2. Intellectual Property Rights: Protection of IP in marketing materials when sharing creative materials or brand assets

3. Third Party Disclosure: Rules for sharing with contractors/agencies when third parties need access to confidential information

4. International Transfer: Rules for cross-border information sharing when parties operate in multiple jurisdictions

Suggested Schedules

1. Schedule 1: Specified Confidential Information: Detailed list of confidential materials and information covered

2. Schedule 2: Authorized Personnel: List of individuals authorized to access confidential information

3. Schedule 3: Security Measures: Specific security protocols and requirements

4. Appendix A: Data Processing Terms: Detailed data protection obligations if personal data involved

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 and Data Protection Act 2018: Key legislation governing the processing and protection of personal data in the UK, including requirements for data sharing, processing, and confidentiality obligations

Trade Secrets Regulations 2018: Legislation protecting confidential business information that provides commercial advantage, including remedies for misuse of trade secrets

Common Law Contract Principles: Fundamental principles governing contract formation, including offer, acceptance, consideration, and intention to create legal relations

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for confidentiality obligations extending to third parties

Copyright, Designs and Patents Act 1988: Protection of intellectual property rights in marketing materials and confidential information that may be subject to copyright

Trade Marks Act 1994: Protection of brands and logos that may be disclosed in marketing activities and subject to confidentiality

Competition Act 1998: Regulations on anti-competitive practices, relevant when sharing market-sensitive information between parties

Consumer Protection Regulations: Including Consumer Rights Act 2015 and unfair trading regulations, affecting marketing practices and consumer-facing confidential information

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, providing rules for marketing communications

Common Law Duty of Confidentiality: Established legal principle protecting confidential information and providing remedies for breach of confidence

Employment Law Framework: Including Employment Rights Act 1996 and Equality Act 2010, relevant for employee obligations in handling confidential marketing information

PECR: Privacy and Electronic Communications Regulations governing electronic marketing communications and data privacy

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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