This Non Disclosure Agreement For Marketing Agency is essential when businesses engage marketing agencies in Malaysia and need to protect sensitive information shared during the engagement. The document becomes necessary before sharing any confidential information such as business strategies, customer data, pricing models, or marketing plans. It is specifically tailored to address the unique aspects of marketing agency relationships, including provisions for digital content, social media management, and creative materials. The agreement complies with Malaysian legislation, including the Contracts Act 1950, Personal Data Protection Act 2010, and Trade Secrets Act 2012, providing comprehensive protection while enabling effective marketing collaboration. This document is particularly relevant when establishing new agency relationships or updating existing confidentiality arrangements to reflect current business practices and legal requirements.
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1. Parties: Identification of the disclosing party (typically the business client) and receiving party (the marketing agency), including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, explaining the marketing services relationship and need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'Marketing Services', 'Representatives', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the marketing context, including client data, marketing strategies, campaigns, pricing
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, subcontractors, or other authorized parties
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon request or termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional section when marketing materials or creative works are involved, clarifying ownership and usage rights
2. Data Protection Compliance: Detailed section when personal data processing is a significant part of the marketing services
3. Social Media Management: Special provisions when the agency will handle social media accounts and related confidential information
4. Non-Solicitation: Additional protection against poaching of employees or clients
5. Publicity Rights: Controls on using the relationship for publicity or marketing purposes
6. Competitive Restrictions: Optional restrictions on working with competitors during the engagement
1. Schedule 1 - Specified Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Representatives: List of key personnel authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information
4. Appendix A - Data Processing Terms: Detailed terms for personal data handling if required under PDPA
5. Appendix B - Permitted Purpose Definition: Detailed scope of the marketing services and permitted use of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Technology
Financial Services
Healthcare
Education
Consumer Goods
Professional Services
Entertainment
Hospitality
Manufacturing
Real Estate
Telecommunications
Automotive
Food and Beverage
Relevant Teams
Legal
Marketing
Compliance
Procurement
Business Development
Communications
Brand Management
Digital Marketing
Creative Services
Public Relations
Relevant Roles
Marketing Director
Chief Marketing Officer
Legal Counsel
Compliance Officer
Brand Manager
Agency Account Director
Digital Marketing Manager
Creative Director
Business Development Manager
Communications Manager
PR Manager
Social Media Manager
Content Strategy Manager
Marketing Operations Manager
Procurement Manager
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