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The NDA For Marketing Agency is essential when businesses engage marketing agencies in Hong Kong and need to protect sensitive information shared during the relationship. This document is typically used at the outset of a marketing engagement or during agency pitches, where confidential information such as market strategies, customer data, pricing information, and creative concepts need protection. It ensures compliance with Hong Kong's legal framework, including data privacy laws and common law principles of confidentiality. The agreement is particularly crucial given the extensive access marketing agencies typically have to sensitive business information and the creative nature of their work. It provides specific provisions for protecting both traditional marketing materials and digital assets, while addressing modern marketing challenges such as social media management and online campaign strategies.

1. Parties: Identifies the disclosing party (typically the client) and receiving party (the marketing agency), including full legal names and registered addresses

2. Background: Explains the context of the relationship between the parties and the purpose of sharing confidential information

3. Definitions: Defines key terms including 'Confidential Information', 'Marketing Services', 'Representatives', 'Permitted Purpose', and other relevant terms

4. Scope of Confidential Information: Details what constitutes confidential information in the marketing context, including customer data, marketing strategies, creative materials, and trade secrets

5. Obligations of Confidentiality: Sets out the receiving party's duties to maintain confidentiality and permitted uses of the information

6. Data Protection Compliance: Ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance and data protection requirements

7. Security Measures: Specifies required security measures for protecting confidential information

8. Term and Survival: Defines the duration of the agreement and which obligations survive termination

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

10. Breach and Remedies: Outlines consequences of breach and available remedies

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