Non Disclosure Agreement For Marketing Agency Template for Malaysia

This Non Disclosure Agreement For Marketing Agency is essential when businesses engage marketing agencies in Malaysia and need to protect sensitive information shared during the engagement. The document becomes necessary before sharing any confidential information such as business strategies, customer data, pricing models, or marketing plans. It is specifically tailored to address the unique aspects of marketing agency relationships, including provisions for digital content, social media management, and creative materials. The agreement complies with Malaysian legislation, including the Contracts Act 1950, Personal Data Protection Act 2010, and Trade Secrets Act 2012, providing comprehensive protection while enabling effective marketing collaboration. This document is particularly relevant when establishing new agency relationships or updating existing confidentiality arrangements to reflect current business practices and legal requirements.

1. Parties: Identification of the disclosing party (typically the business client) and receiving party (the marketing agency), including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, explaining the marketing services relationship and need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Marketing Services', 'Representatives', 'Permitted Purpose', and other relevant definitions

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

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

6. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, subcontractors, or other authorized parties

7. Term and Survival: Duration of the agreement and survival of obligations after termination

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

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

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments