This NDA For Marketing Agency is essential when engaging marketing service providers in Malaysia, where protection of confidential business information is governed by both statutory and common law principles. The document is typically used before sharing sensitive information such as marketing strategies, customer data, pricing information, and proprietary methodologies between a client and their marketing agency. It ensures compliance with Malaysian legislation, including the Contracts Act 1950 and Personal Data Protection Act 2010, while addressing specific concerns in marketing relationships such as protection of creative materials, campaign strategies, and market research data. The agreement is particularly important given the digital nature of modern marketing activities and the need to protect both traditional business secrets and digital assets.
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1. Parties: Identification of the disclosing party (typically the client) and receiving party (marketing agency), including full legal names and registered addresses
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 Services', 'Marketing Materials', 'Trade Secrets', and 'Intellectual Property'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the marketing context
5. Obligations of Receiving Party: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, subcontractors, or other authorized parties
7. Data Protection Compliance: Obligations regarding personal data handling in accordance with Malaysian PDPA
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Term and Survival: Duration of the agreement and provisions that continue after termination
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Mutual Confidentiality Obligations: Used when both parties will be sharing confidential information, including agency's proprietary methodologies
2. Digital Assets Protection: Specific provisions for protecting digital marketing assets, social media accounts, and online platforms
3. Third Party Disclosure: Additional provisions for when confidential information needs to be shared with third-party vendors or platforms
4. International Transfer of Data: Required when marketing activities involve cross-border data transfers
5. Social Media Management: Specific provisions for handling social media accounts and related confidential information
6. Intellectual Property Rights: Detailed section on IP rights when marketing activities involve creation of new materials
1. Schedule 1 - Specified Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Authorized Personnel: List of authorized personnel who will have access to confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures for protecting confidential information
4. Schedule 4 - Data Processing Requirements: Detailed requirements for processing personal data in compliance with PDPA
5. Appendix A - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Technology
Financial Services
Healthcare
Manufacturing
Consumer Goods
Entertainment
Education
Professional Services
Telecommunications
Real Estate
Hospitality
Automotive
Media and Publishing
Relevant Teams
Legal
Marketing
Procurement
Communications
Business Development
Compliance
Creative Services
Digital Marketing
Brand Management
Client Services
Project Management
Relevant Roles
Marketing Director
Chief Marketing Officer
Brand Manager
Marketing Manager
Agency Account Director
Creative Director
Digital Marketing Manager
Legal Counsel
Procurement Manager
Business Development Manager
Communications Director
Agency Principal
Project Manager
Client Services Director
Compliance Officer
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