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Non Disclosure Agreement For Marketing Agency

Non Disclosure Agreement For Marketing Agency Template for India

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Key Requirements PROMPT example:

Non Disclosure Agreement For Marketing Agency

"I need a Non-Disclosure Agreement For Marketing Agency to protect our company's confidential information while working with a digital marketing agency that will handle our social media accounts and customer data, with special provisions for international data transfers as we operate in multiple Asian markets."

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Document background
The Non-Disclosure Agreement For Marketing Agency is essential when establishing a professional relationship between a marketing agency and its clients in India. This document becomes necessary at the outset of discussions with potential clients, as marketing agencies typically require access to sensitive business information to develop effective marketing strategies. The agreement ensures protection of confidential information including but not limited to marketing plans, customer data, pricing strategies, creative content, and proprietary methodologies. Operating under Indian jurisdiction, it incorporates relevant provisions from the Indian Contract Act, 1872, and contemporary data protection requirements. The document is particularly crucial given the digital nature of modern marketing activities and the need to protect both traditional business secrets and digital assets.
Suggested Sections

1. Parties: Identification of the marketing agency and the client, including registered addresses and company registration details

2. Background: Context of the relationship between parties and purpose of entering into the NDA

3. Definitions: Detailed definitions of terms including 'Confidential Information', 'Marketing Materials', 'Trade Secrets', 'Intellectual Property', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the marketing context, including client data, marketing strategies, campaigns, pricing, etc.

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

6. Permitted Disclosures: Circumstances under which confidential information may be shared, including with employees and subcontractors

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Intellectual Property Rights: Protection of IP rights in confidential information and marketing materials

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

1. Data Protection Compliance: Specific section for handling personal data protection - include when marketing activities involve processing personal data

2. Digital Assets Protection: Special provisions for protecting digital assets and online credentials - include when digital marketing is a significant component

3. Social Media Management: Specific confidentiality provisions for social media access and management - include when social media marketing is involved

4. International Transfer of Data: Provisions for cross-border data transfer - include when operating internationally

5. Competitive Restrictions: Non-compete and non-solicitation provisions - include when specifically requested by client

6. Agency Network Provisions: Provisions for sharing within agency network - include when agency is part of a larger network

7. Subcontractor Obligations: Detailed provisions for subcontractor confidentiality - include when subcontracting is anticipated

Suggested Schedules

1. Schedule A - Specified Confidential Information: Detailed list of specific types of confidential information covered

2. Schedule B - Authorized Personnel: List of authorized personnel who will have access to confidential information

3. Schedule C - Security Protocols: Specific security measures and protocols to be followed

4. Schedule D - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

5. Appendix 1 - Data Processing Terms: Specific terms for processing personal data if applicable

6. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Marketing Services
Marketing Materials
Campaign Data
Client Data
Trade Secrets
Intellectual Property Rights
Marketing Strategy
Digital Assets
Social Media Accounts
Authorized Personnel
Permitted Purpose
Affiliate
Agency Network
Representatives
Subcontractors
Client Materials
Creative Works
Brand Guidelines
Customer Data
Marketing Analytics
Proprietary Information
Digital Platforms
Marketing Tools
Confidentiality Period
Disclosing Party
Receiving Party
Professional Services
Working Day
Term
Territory
Security Protocols
Data Protection Laws
Personal Data
Third Party
Force Majeure Event
Effective Date
Termination Date
Business Hours
Breach
Competitive Information
Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Consumer Goods

Entertainment

Hospitality

Education

Manufacturing

Professional Services

Telecommunications

Real Estate

Automotive

Relevant Teams

Legal

Marketing

Compliance

Procurement

Business Development

Creative Services

Digital Marketing

Client Services

Operations

Brand Management

Content Creation

Social Media

Project Management

Account Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Digital Marketing Manager

Creative Director

Account Manager

Legal Counsel

Compliance Officer

Business Development Manager

Project Manager

Marketing Coordinator

Content Manager

Social Media Manager

Agency Principal

Client Services Director

Operations Manager

Procurement Manager

Contract Administrator

Industries
Indian Contract Act, 1872: Fundamental law governing contracts in India, providing the basic framework for creating legally binding agreements, including provisions for offer, acceptance, consideration, and enforcement
Information Technology Act, 2000: Covers aspects of digital data protection and confidentiality in electronic records and communications, crucial for modern marketing operations
Copyright Act, 1957: Protects creative works and intellectual property, particularly relevant for marketing materials, designs, and content created during the business relationship
Trade Secrets Protection under Common Law: While India doesn't have specific trade secrets legislation, protection is provided under common law and equitable principles for confidential business information
Personal Data Protection Bill (when enacted): Although pending, this upcoming legislation will significantly impact how personal data is handled and protected, particularly relevant for marketing agencies dealing with customer data
Consumer Protection Act, 2019: Relevant for marketing agencies as it includes provisions about advertising standards and consumer data protection
Specific Industry Regulations (TRAI, ASCI guidelines): Telecom Regulatory Authority of India regulations and Advertising Standards Council of India guidelines that govern marketing communications and data usage
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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