NDA Template for Agency Businesses (UK 2025)
Last updated: February 2025
Why Agency Businesses Need a NDA
Agencies handle confidential information from multiple clients simultaneously, making NDAs essential for pitch processes, strategic planning sessions, and creative concepting work. A client might share unreleased brand strategy, campaign budgets, or proprietary market research during the engagement. The agency NDA must protect both the agency's own proprietary processes and methodologies, and the client confidential information entrusted to it, while honestly acknowledging that creative professionals commonly work across competing accounts.
Key Clauses for Agency
- Client confidential information separation and information barriers
- Pitch materials, strategy documents, and speculative creative concepts
- Agency proprietary processes, methodologies, and pricing models
- Multi-client conflict management and information wall procedures
Common Mistakes
- Not addressing the common operational reality of working with competing clients simultaneously
- Failing to cover pitch materials which often contain speculative strategy and creative concepts not yet approved or commissioned
Template Sections
- Multi-client confidentiality framework and information barriers
- Pitch and proposal confidentiality clause
- Information barrier procedures for competing accounts
FAQ
Can an agency sign NDAs with two competing clients?
Yes, but your NDA framework should address information barriers, sometimes called Chinese walls. Specify that different team members handle competing accounts and that confidential information is never shared across competing client teams. Document these arrangements and train staff on the procedures.
Are agency pitch materials and speculative creative concepts covered by NDAs?
Only if the NDA explicitly includes them. Pitch materials frequently contain original strategic thinking and creative concepts that a prospective client could use even if they do not appoint the agency. Include a specific clause covering all concepts, strategies, and creative ideas shared during the pitch process as confidential information.
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Get Started FreeThis is guidance for UK businesses, not legal advice. Templates are illustrative. Consult a solicitor for complex matters.
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