Marketing Confidentiality Agreement Generator for United States

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Key Requirements PROMPT example:

Marketing Confidentiality Agreement

"I need a Marketing Confidentiality Agreement to protect sensitive campaign information that will be shared with an external advertising agency for our new product launch in March 2025, with specific provisions for protecting customer data and market research findings."

Document background
The Marketing Confidentiality Agreement serves as a crucial legal instrument in U.S. business relationships where sensitive marketing information needs to be protected. This agreement is essential when companies share proprietary marketing strategies, customer data, pricing information, or campaign plans with external parties. It incorporates provisions from federal trade secret laws, state-specific regulations, and industry standards to create a comprehensive framework for information protection. The agreement is particularly important in today's digital marketing landscape where data security and privacy concerns are paramount.
Suggested Sections

1. Parties: Identifies all parties entering into the agreement, including full legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Uses: Specifies allowed uses of the confidential information

7. Term and Termination: Duration of the agreement and conditions for termination

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

9. Governing Law: Specifies which jurisdiction's laws govern the agreement

Optional Sections

1. Data Protection Compliance: Additional provisions for handling personal data or operating in jurisdictions with specific privacy laws

2. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients

3. Audit Rights: Provisions granting rights to audit compliance with confidentiality obligations

4. Insurance Requirements: Specifications for required insurance coverage for high-value marketing relationships

Suggested Schedules

1. Schedule of Confidential Information: Detailed list of specific confidential information covered

2. Security Protocols: Specific security measures required for protecting confidential information

3. Authorized Representatives: List of individuals authorized to access confidential information

4. Data Processing Requirements: Specific requirements for handling personal data 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

Industries

Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and allows companies to file civil lawsuits in federal court for trade secret misappropriation

Economic Espionage Act: Federal law that criminalizes the theft or misappropriation of trade secrets with the intent to benefit foreign powers or cause economic harm

Federal Trade Commission Act: Federal legislation governing unfair competition and deceptive practices in marketing and business operations

Uniform Trade Secrets Act: State-level legislation (adopted by most states with variations) that provides a legal framework for trade secret protection at the state level

California Consumer Privacy Act (CCPA): State privacy law that grants California residents specific rights regarding their personal information and affects marketing data handling

CAN-SPAM Act: Federal law setting rules for commercial email practices and marketing communications, including requirements for commercial messages

COPPA (Children's Online Privacy Protection Act): Federal law that imposes requirements on operators of websites or online services directed to children under 13 years of age

Copyright Act: Federal law protecting original works of authorship, including marketing materials and creative content

Lanham Act: Federal trademark law that protects against trademark infringement and false advertising in marketing materials

GDPR Compliance Considerations: While not US legislation, consideration needed if marketing activities involve European data subjects or markets

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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