A Non-Disclosure Agreement (NDA) is a legal agreement in which one party (the disclosing party) conveys confidential information to the other party (the receiving party). The Non-Disclosure Agreement protects both parties, and it provides protection for trade secrets, proprietary information, or any kind of intellectual property. Non-disclosure agreements are often used by marketing agencies when working with freelancers. This blog post will discuss Non-Discloser Agreements for Marketing Agencies and includes tips on what you should include in your Non-Disclosure Agreement.

Why is a Non-Disclosure Agreement Necessary?

A Non-Disclosure Agreement is necessary if you're working with sensitive information, new ideas, or any information that a company does not want to become public.

Normally when a company is working with sensitive information, full time employees sign an NDA as part of their contract to protect both the employee and the company. Therefore, when a company hires an agency or freelancer, the non disclosure agreement acts in the same way.

If a Non-Disclosure Agreement is not in place, then all of the confidential information provided by your client can be shared with possible competitors or other individuals who may use this knowledge for their own benefit.

You may need a nondisclosure agreement as a marketing agency for 2 reasons.

  1. The company that is working with a marketing agency wants its information, ideas, and intellectual property to remain confidential.
  2. A marketing agency wants to protect themselves and their client when working with freelancers.

In either case, the NDA protects the client and marketing agency when sharing sensitive information.

A Non-Disclosure Agreement Between a Client And An Agency

When a company wants to hire a marketing agency , it may include a Non-Disclosure Agreement in its contract. This Non-disclosure agreement is important for both the company and marketing agency so they can protect their interests including trade secrets, proprietary information, or any kind of intellectual property.

Normally, the NDA is sent to the marketing agency as soon as initial talks become serious enough to require one. For example, after an initial introduction, a company may ask the agency to send an NDA to give them access to customer data or demographic information.

A Non-Disclosure Agreement Between a Freelancer And An Agency

When an agency hires a freelancer to work on a specific account, or multiple accounts, they will normally have the freelancer sign an NDA. Non-Disclosure Agreements are important for freelancers and marketing agencies because they protect both parties, including the client's intellectual property.

Non-disclosure agreements are also important because they can provide access to information that an agency wouldn't be able to give if the freelancer wasn't bound by Non-Disclosure Agreement. Just like in the example between a client and an agency, the contract allows for a free flow of information between the parties.

What Should be Included in Non-Disclosure Agreement?

A NDA should outline the specific type of information that will be shared between each party, and how long the NDA is binding for. This includes what types of ideas or intellectual property falls under confidentiality including trade secrets, proprietary information , or any kind of intellectual property. Non-Disclosure Agreements can be specific to a project, and last as long as the agreement states.

Like most legal documents, NDAs are similar because they need to be structured in a certain way. However, it's still important to read through the agreement to make sure it's fair to both parties before signing it.

Non-Disclosure Agreements are governed by state laws which vary from state to state. Therefore it is best to consult with an attorney before creating your Non-disclosure agreement . A Non-Disclosure Agreement should be  tailored to your situation, but it is important that Non-Disclosure Agreements are all written with the same intent.

If you're still not sure how to approach an NDA for your agency, you may want to consider hiring a consultant.

Non Disclosure Agreements for Marketing Agencies:

NDA For Freelancers:


Upwork is a freelancing website where companies and freelancers meet to do business. Non-disclosure agreements are important because Upwork wants both parties signing up to be confident in sharing information with each other.


Jotform is a  website where companies can create forms to use on their websites. They have created one specifically for using freelancers.


Freelancer.com has put together a freelancer nda template.

NDA Between the Client and the Agency:


PandaDoc is  a document management platform that helps marketing agencies more effectively manage their client projects.

PandaDoc Nda Template


Just like it's name, NonDisclosureAgreement.com is dedicated to created NDA's for various audiences.

Data and Marketing Association:

The Data and Marketing Association has created a template that fits the needs of most marketing agencies.

The Association of Independent Commercial Producers:

The Association of Independent Commercial Producers represents, exclusively, the interests of independent companies that specialize in the production and post production of commercials in various media-film, video, digital-for advertisers and agencies.

Aspiration Marketing

Aspiration Marketing has put together an NDA that they display on their website that clients can easily access.


With a focus on advocacy, talent, and impact, we provide community, leadership, guidance, and best-in-class training that enable agencies to innovate, evolve and grow. They've provided a free marketing agency NDA Template.