Client Confidentiality in Advertising

How to manage client confidentiality

What is it? Client confidentiality is the principle that an institution or individual should not reveal information about their clients to a third party without the consent of the client or a clear legal reason. This concept is commonly provided for by law in most countries.

Why is it important?
Maintaining client confidentiality is essential for the wellbeing of the relationship between client and agency.
In advertising it is particularly important, as sensitive data relating to a brand’s performance and/or strategy can be found in abundance in advertising agencies. Any leaks to rival brands or even agencies that represent rival brands can be devastating.
Often agencies will be privy to information regarding the research and development of new products – therefore it is imperative that materials pertaining to new (and existing) products are treated with the utmost confidentiality.
If materials are left lying around it is quite possible that they could fall into the hands of a competitor – this would be disastrous for the agency / client relationship and could quite possibly result in the client taking their business elsewhere .

How can it be implemented?
Agencies have to make client confidentiality part of their culture, practiced by everyone from the CEO to humble account executives – every employee has to be made aware of the importance of maintaining confidentiality.
This would include practices as simple as picking up print outs immediately, using BCC when sending multiple emails and electronically ‘locking’ digital files containing more sensitive material.
The internal internet system would always have a firewall to help protect against being hacked.
Advertising agency emails usually have a legal disclaimer reminding recipients not to send the content on;
‘This transmission is intended solely for the person or organization to whom it is addressed and it may contain privileged and confidential information. If you are not the intended recipient you should not copy, distribute or take any action in reliance on it. If you believe you received this transmission in error please notify the sender.’

Legal measures that can be put in place
The legal departments of both agency and client draw up a legally binding document known as a ‘short form advertising agency-client agreement.’
Part of this document would refer to confidentiality and would resemble the following;
14. Confidentiality
14.1 The parties agree to keep all confidential information in relation to the business of the other confidential during and after the term of the agreement. This clause 14.1 will not apply to:
(a) any information which has been published other than through a breach of this agreement;
(b) information in the possession of the recipient party before the disclosure under this agreement took place;
(c) information obtained from a third party who is free to disclose it;
(d) information which a party is required by law to disclose.

Client Confidentiality in Advertising

by Rex_Cymru on May 20, 2011

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Client Confidentiality in Advertising — Presentation Transcript