This NDA For Digital Marketing Agency template is designed for use in Belgium when establishing confidential relationships between digital marketing agencies and their clients. It addresses the unique aspects of digital marketing services, including protection of marketing strategies, campaign data, client information, and digital assets. The document is structured to comply with Belgian law and EU regulations, particularly GDPR, and is suitable for both short-term campaign projects and long-term agency relationships. It includes specific provisions for handling sensitive digital content, social media materials, and online marketing strategies, while protecting both the agency's proprietary methodologies and the client's confidential business information. This template is particularly relevant when agencies need to access client data, customer information, or proprietary marketing channels.
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1. Parties: Identification of the digital marketing agency and the client, including registered addresses and company details
2. Background: Context of the relationship between the parties and purpose of the NDA in relation to digital marketing services
3. Definitions: Key terms including 'Confidential Information', 'Digital Assets', 'Marketing Materials', 'Social Media Content', 'Trade Secrets', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the digital marketing context, including client data, marketing strategies, and campaign materials
5. Obligations of Confidentiality: Core confidentiality obligations, including handling of digital assets and online content
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed, including to subcontractors or for campaign execution
7. Data Protection and GDPR Compliance: Specific provisions relating to personal data protection and GDPR compliance in marketing activities
8. Security Measures: Required security measures for protecting digital assets and confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Term and Termination: Duration of the agreement and termination provisions
11. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction
1. Social Media Management: Additional provisions specific to social media account access and content management, used when the agency handles social media accounts
2. Intellectual Property Rights: Specific provisions regarding IP rights in marketing materials, used when creative content is being developed
3. Portfolio Rights: Terms regarding the agency's right to use client work in their portfolio, optional based on client preference
4. Subcontractor Obligations: Provisions for when the agency needs to engage subcontractors for specific digital marketing services
5. Non-Competition: Optional restrictions on working with competing clients, if required by the client
6. Crisis Management: Procedures for handling confidential information during PR crises or data breaches, recommended for high-profile clients
7. International Data Transfers: Additional provisions for when data will be processed outside the EU
1. Schedule 1: Specified Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2: Authorized Personnel: List of authorized personnel who will have access to confidential information
3. Schedule 3: Security Protocols: Detailed security measures and protocols for handling digital assets
4. Schedule 4: Data Processing Requirements: Specific GDPR-compliant data processing requirements and procedures
5. Appendix A: Confidentiality Acknowledgment Form: Form to be signed by individual employees/contractors accessing confidential information
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