This Non-Disclosure Agreement For Marketing Agency is essential when engaging marketing agencies in the Philippines to protect sensitive business information shared during marketing activities. The document is designed to comply with Philippine legislation, including the Data Privacy Act of 2012, the E-Commerce Act, and relevant intellectual property laws. It's particularly important when sharing customer data, marketing strategies, pricing information, and other proprietary information with external marketing partners. The agreement covers both traditional and digital marketing activities, ensuring comprehensive protection while allowing the marketing agency to effectively perform its services. It should be implemented before any confidential information is shared and typically remains in effect throughout the business relationship and beyond.
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1. Parties: Identification of the disclosing party (typically the client) and receiving party (marketing agency), including full legal names and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information for marketing services
3. Definitions: Clear definitions of confidential information, marketing services, permitted purpose, and other key terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the marketing context, including client data, strategies, and materials
5. Obligations of the Receiving Party: Marketing agency's duties regarding confidential information protection, including storage, handling, and employee access
6. Permitted Use and Disclosure: Specific circumstances under which confidential information can be used for marketing purposes and shared with team members
7. Term and Termination: Duration of the NDA and conditions for termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information after the agreement ends or upon request
9. Breach and Remedies: Consequences of breaching the agreement and available legal remedies
10. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Digital Data Protection: Specific provisions for protecting digital assets and online marketing materials, recommended when digital marketing is a significant component
2. Third-Party Contractors: Rules for sharing information with subcontractors or freelancers, needed when the agency works with external parties
3. Social Media Management: Specific provisions for handling social media accounts and related confidential information, relevant for social media marketing services
4. Intellectual Property Rights: Additional provisions regarding IP created during marketing activities, recommended when creative work is involved
5. Data Privacy Compliance: Specific provisions aligned with the Data Privacy Act, necessary when handling personal data
6. International Transfer of Data: Provisions for cross-border data transfer, needed when working with international clients or campaigns
1. Schedule A - Categories of Confidential Information: Detailed list of types of confidential information specific to the marketing relationship
2. Schedule B - Authorized Personnel: List of agency team members authorized to access confidential information
3. Schedule C - Security Measures: Specific technical and organizational measures for protecting confidential information
4. Schedule D - Approved Marketing Platforms: List of approved platforms and tools where confidential information may be used
5. Appendix 1 - Data Handling Procedures: Detailed procedures for handling, storing, and processing confidential information
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Technology
Financial Services
Healthcare
Consumer Goods
Entertainment
Real Estate
Education
Manufacturing
Hospitality
Telecommunications
Professional Services
Non-profit Organizations
Food and Beverage
Relevant Teams
Legal
Marketing
Compliance
Business Development
Communications
Creative Services
Digital Marketing
Client Services
Operations
Data Protection
Brand Management
Project Management
Relevant Roles
Marketing Director
Chief Marketing Officer
Brand Manager
Digital Marketing Manager
Content Strategy Director
Agency Account Manager
Legal Counsel
Compliance Officer
Data Protection Officer
Business Development Manager
Communications Director
Project Manager
Creative Director
Social Media Manager
Client Services Director
Operations Manager
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