A PR Agency Agreement defines the scope of public relations services, deliverables, and media obligations. This playbook examines confidentiality, approval rights, and crisis response provisions.
Why This Matters: Safeguarding confidential information is critical to maintain competitive advantage and comply with internal and regulatory privacy commitments.
Negotiation strategy
If you're the Client:
Ensure the confidentiality clause is comprehensive, covering all aspects of information protection, and aligns with the company's internal policies and regulatory requirements.
If you're the Service Provider:
Negotiate for reasonable carve-outs and ensure the duration of confidentiality obligations is manageable and aligns with the contractor's operational needs.
Essential elements
1
Confidentiality Obligations
Mutual protection of information.
2
Duration of Confidentiality
Timeframe for confidentiality obligations.
3
Permitted Disclosures
Conditions for legal disclosures.
Action framework
ACCEPT
Propose edits if the clause lacks clarity or does not align with business needs.
EDIT
Reject if the clause imposes unreasonable restrictions or lacks necessary protections.
ADD
Add language if the clause is missing key elements like duration or permitted disclosures.
PRO TIP
Always ensure the confidentiality clause is tailored to the specific needs of the transaction and complies with applicable laws.
Example clauses
FAVORABLE
Comprehensive Confidentiality Clause
"Each party agrees to maintain in strict confidence all Confidential Information received from the other party and to use such Confidential Information solely for the purpose of performing its obligations under this Agreement. Neither party shall disclose any Confidential Information to any third party without the prior written consent of the disclosing party, except as expressly permitted by this Agreement."
NEUTRAL
Standard Confidentiality Clause
"The parties agree to keep all shared information confidential and use it only for the purposes outlined in this Agreement."
UNFAVORABLE
Weak Confidentiality Clause
"Confidential Information may be disclosed to third parties without prior consent."
Fallbacks
High-Risk Projects
In high-risk projects, ensure the confidentiality clause includes specific measures for data protection and breach notification.
Cross-Border Transactions
For cross-border transactions, include provisions that address international data transfer regulations and jurisdictional compliance.
Short-Term Engagements
In short-term engagements, consider a reduced duration for confidentiality obligations while maintaining core protections.
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WEEK 2
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WEEK 3
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Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
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DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.