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Non Disclosure Agreement For Marketing Agency

Non Disclosure Agreement For Marketing Agency Template for South Africa

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Key Requirements PROMPT example:

Non Disclosure Agreement For Marketing Agency

"I need a Non Disclosure Agreement For Marketing Agency to protect our company's confidential information while working with a digital marketing agency based in Cape Town, with specific provisions for social media management and customer database protection, starting March 2025."

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Document background
The Non-Disclosure Agreement For Marketing Agency is essential when businesses engage marketing agencies in South Africa and need to protect sensitive information shared during the engagement. This document becomes necessary before sharing confidential business information, marketing strategies, customer data, or trade secrets with a marketing agency. It ensures compliance with South African law, including POPIA, the Consumer Protection Act, and relevant intellectual property legislation. The agreement is particularly important given the broad access marketing agencies typically need to client information to perform their services effectively. It includes specific provisions for protecting digital assets, customer databases, marketing strategies, pricing information, and other sensitive business information, while allowing the marketing agency sufficient access to perform its duties effectively.
Suggested Sections

1. Parties: Identification of the disclosing party (typically the client) and receiving party (marketing agency), including registration numbers and addresses

2. Background: Context of the relationship and purpose of sharing confidential information for marketing services

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Marketing Services'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the marketing context

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

6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, subcontractors, or third parties

7. Data Protection and POPIA Compliance: Obligations regarding personal information processing under POPIA

8. Security Measures: Required security measures for protecting confidential information

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination

10. Duration and Survival: Term of the agreement and surviving obligations

11. Breach and Remedies: Consequences of breach and available remedies

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights in marketing materials when creative work is involved

2. Digital Security Protocol: Specific measures for protecting digital assets and online platforms when digital marketing is involved

3. Social Media Management: Special provisions for handling social media accounts and related confidential information

4. International Data Transfers: Requirements for cross-border data transfers when marketing activities extend beyond South Africa

5. Competitive Restrictions: Non-compete provisions where the agency works with competing clients

6. Agency Personnel Requirements: Specific requirements for agency staff handling confidential information

Suggested Schedules

1. Schedule 1: Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule 2: Authorized Representatives: List of personnel authorized to receive and handle confidential information

3. Schedule 3: Security Protocols: Detailed security measures and procedures for protecting confidential information

4. Schedule 4: Approved Subcontractors: List of approved third-party service providers who may access confidential information

5. Appendix A: Data Processing Terms: Detailed POPIA compliance requirements and data processing procedures

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions








































Clauses






























Relevant Industries

Retail

Technology

Financial Services

Healthcare

Manufacturing

Entertainment

Professional Services

Consumer Goods

Telecommunications

Real Estate

Education

Hospitality

E-commerce

Non-profit Organizations

Automotive

Relevant Teams

Legal

Marketing

Compliance

Risk Management

Business Development

Client Services

Digital Marketing

Brand Management

Creative Services

Data Protection

Information Security

Operations

Project Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Agency Account Director

Legal Counsel

Compliance Officer

Data Protection Officer

Business Development Manager

Project Manager

Creative Director

Client Services Director

Contract Manager

Risk Manager

Industries






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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