The Non-Disclosure Agreement For Marketing Agency is essential when businesses engage marketing agencies in Ireland and need to protect sensitive information shared during the engagement. This document is particularly relevant in today's digital marketing landscape where agencies require access to substantial business data, customer insights, and proprietary information to execute effective marketing strategies. The agreement ensures compliance with Irish contract law and EU data protection regulations, including GDPR, while addressing specific marketing industry needs such as protection of creative materials, campaign strategies, and customer data. It should be used before sharing any confidential information with marketing agencies, whether for project pitches, campaign planning, or ongoing marketing services. The document typically includes provisions for both traditional and digital marketing activities, social media management, and usage of marketing technologies, making it suitable for modern marketing relationships while ensuring appropriate confidentiality safeguards under Irish jurisdiction.
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1. Parties: Identification of the disclosing party (client) and receiving party (marketing agency), including registered addresses and company details
2. Background: Context of the relationship between parties and purpose of sharing confidential information for marketing services
3. Definitions: Key terms including 'Confidential Information', 'Marketing Materials', 'Campaign Data', 'Intellectual Property Rights', and 'Marketing Services'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the marketing context, including client data, strategies, and creative materials
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Data Protection Compliance: Obligations regarding handling of personal data in accordance with GDPR and Irish Data Protection Act
7. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, subcontractors, or other authorized parties
8. Information Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Term and Survival: Duration of the agreement and which obligations survive termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Specific provisions regarding ownership and use of marketing materials and creative works - include when agency will be creating original content
2. Social Media Management: Special provisions for handling social media accounts and related confidential information - include when social media management is part of services
3. Third Party Platforms: Provisions for handling confidential information on marketing platforms and tools - include when using specific third-party marketing platforms
4. International Transfers: Provisions for cross-border data transfers - include when parties operate in multiple jurisdictions
5. Competitive Restrictions: Non-compete or restrictions on working with competitors - include when specifically requested by client
6. Audit Rights: Client's right to audit agency's compliance with confidentiality obligations - include for high-sensitivity information
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information to be shared
2. Schedule 2 - Authorized Personnel: List of authorized personnel who will have access to confidential information
3. Schedule 3 - Security Measures: Specific security measures and protocols to be implemented
4. Schedule 4 - Data Processing Terms: Detailed data processing terms if personal data processing is involved
5. Appendix A - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Financial Services
Healthcare
Entertainment
Consumer Goods
Professional Services
E-commerce
Manufacturing
Hospitality
Education
Real Estate
Telecommunications
Automotive
Non-Profit
Relevant Teams
Legal
Marketing
Compliance
Procurement
Business Development
Communications
Brand Management
Digital Marketing
Operations
Executive Leadership
Information Security
Data Protection
Relevant Roles
Marketing Director
Chief Marketing Officer
Brand Manager
Legal Counsel
Compliance Officer
Business Development Manager
Agency Account Manager
Creative Director
Digital Marketing Manager
Communications Manager
Procurement Manager
Contract Manager
Data Protection Officer
Chief Executive Officer
Operations Director
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