The Non Disclosure Agreement For Marketing Agency is essential when companies engage external marketing agencies in Indonesia and need to protect sensitive business information. This document is specifically structured to address the unique aspects of marketing relationships, including digital asset management, customer data protection, and campaign strategies. It ensures compliance with Indonesian laws, particularly the Civil Code (KUHPerdata), Trade Secrets Law, and Electronic Information and Transactions Law. The agreement is crucial when sharing strategic business information, customer databases, pricing structures, marketing plans, and other proprietary information with marketing agencies. It's particularly relevant in today's digital landscape where marketing agencies often require access to sensitive corporate data for social media management, digital marketing campaigns, and customer analytics.
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1. Parties: Identification of the disclosing party (typically the client) and receiving party (marketing agency), including full legal names, registration numbers, and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information for marketing services
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Marketing Services', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the marketing context, including business strategies, customer data, pricing, and marketing plans
5. Obligations of Receiving Party: Specific duties of the marketing agency regarding confidential information, including storage, handling, and protection measures
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, subcontractors, or other authorized parties
7. Security Measures: Required security protocols for handling and storing confidential information, both digital and physical
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or agreement termination
9. Term and Survival: Duration of the NDA and which obligations survive after termination
10. Breach and Remedies: Consequences of breaching the agreement and available legal remedies
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Social Media Management: Special provisions for handling confidential information in social media contexts, used when the agency manages social media accounts
2. Third-Party Platforms: Provisions for using third-party marketing platforms or tools, needed when specific marketing technologies are involved
3. International Data Transfer: Requirements for transferring data internationally, necessary when the agency operates across borders
4. Influencer Collaboration: Provisions for sharing confidential information with influencers or brand ambassadors, used when influencer marketing is part of the scope
5. Crisis Management: Procedures for handling confidential information during PR crises or emergency situations
6. Data Analytics: Special provisions for handling data used in marketing analytics and reporting, needed when advanced analytics services are provided
1. Schedule A - Specified Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule B - Authorized Personnel: List of authorized personnel from the marketing agency who may access confidential information
3. Schedule C - Security Protocols: Detailed security measures and protocols to be followed by the marketing agency
4. Schedule D - Approved Subcontractors: List of approved subcontractors or third-party service providers who may access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Technology
Financial Services
Consumer Goods
Healthcare
Education
Real Estate
Hospitality
Manufacturing
Telecommunications
Professional Services
Entertainment
Food and Beverage
Relevant Teams
Legal
Marketing
Procurement
Compliance
Business Development
Communications
Digital Marketing
Brand Management
Corporate Affairs
Risk Management
Relevant Roles
Chief Marketing Officer
Marketing Director
Brand Manager
Legal Counsel
Procurement Manager
Marketing Manager
Digital Marketing Manager
Communications Director
Business Development Manager
Agency Relations Manager
Compliance Officer
Data Protection Officer
Contract Manager
Marketing Operations Manager
Chief Executive Officer
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