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Freelance Digital Marketing Contract Template for England and Wales

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Freelance Digital Marketing Contract

"I need a Freelance Digital Marketing Contract for my London-based e-commerce startup, focusing on social media management and content creation services, with strict data protection clauses and monthly performance reviews starting from March 2025."

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What is a Freelance Digital Marketing Contract?

The Freelance Digital Marketing Contract is essential for professionals providing digital marketing services in the UK market. This agreement, governed by English and Welsh law, is designed for situations where a business engages an independent contractor for digital marketing services such as social media management, SEO, content creation, or paid advertising campaigns. It addresses key aspects including service scope, deliverables, payment terms, intellectual property rights, data protection, and compliance with UK digital marketing regulations. The contract helps maintain clear boundaries between freelance and employment relationships while protecting both parties' interests.

What sections should be included in a Freelance Digital Marketing Contract?

1. Parties: Identification of the service provider (freelancer) and client, including full legal names and addresses

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed scope of digital marketing services to be provided

5. Payment Terms: Fees, payment schedule, invoicing requirements, and late payment consequences

6. Term and Termination: Duration of agreement and circumstances for termination

7. Intellectual Property Rights: Ownership and usage rights of created content and materials

8. Confidentiality: Protection of sensitive information shared during the engagement

9. Data Protection: Compliance with GDPR and data protection regulations

What sections are optional to include in a Freelance Digital Marketing Contract?

1. Non-Compete: Restrictions on working with competitors (use when dealing with sensitive industry information or strategic marketing)

2. Service Level Agreement: Specific performance metrics and standards (use for longer-term or complex marketing campaigns)

3. Insurance: Required insurance coverage (use when handling significant budgets or high-risk campaigns)

4. Subcontracting: Terms for engaging third parties (use when freelancer might need to delegate work)

What schedules should be included in a Freelance Digital Marketing Contract?

1. Schedule 1: Services Description: Detailed breakdown of marketing services and deliverables

2. Schedule 2: Fee Schedule: Detailed pricing structure and payment milestones

3. Schedule 3: KPIs and Reporting: Performance metrics and reporting requirements

4. Schedule 4: Brand Guidelines: Client's branding requirements and standards

5. Appendix A: Data Processing Agreement: Detailed GDPR compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Industries

Common Law of Contract: Fundamental principles governing contract formation, execution, and enforcement in England and Wales

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly exclusion and limitation clauses

Consumer Rights Act 2015: Law protecting consumer rights and regulating business-to-consumer contracts

Privacy and Electronic Communications Regulations (PECR) 2003: Specific rules for electronic marketing, cookies, and electronic communications privacy

UK GDPR and Data Protection Act 2018: Laws governing the processing and protection of personal data in the UK

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair commercial practices and misleading marketing

Electronic Commerce (EC Directive) Regulations 2002: Rules governing electronic commerce and online business activities

Copyright, Designs and Patents Act 1988: Primary legislation protecting intellectual property rights in creative works

Trade Marks Act 1994: Law governing the registration and protection of trademarks

IR35 Legislation: Tax legislation determining employment status for tax purposes in contract arrangements

Employment Rights Act 1996: Law defining employment rights and helping distinguish between employees and contractors

Competition Act 1998: Legislation preventing anti-competitive practices and agreements

Enterprise Act 2002: Law regulating competition and consumer protection matters

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, setting standards for marketing communications

Companies Act 2006: Primary legislation governing company operations and corporate matters in the UK

Provision of Services Regulations 2009: Regulations implementing EU Services Directive, governing service provision across the UK

Late Payment of Commercial Debts (Interest) Act 1998: Law allowing businesses to claim interest on late payments in commercial transactions

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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