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The Social Media Management Contract is essential for businesses and organizations engaging professional social media services in Malta. This document is specifically designed to comply with Maltese legal requirements and EU regulations, including the Malta Communications Authority Act and GDPR. It should be used when engaging either an agency or individual professional to manage social media presence, covering crucial aspects such as content creation, account management, engagement strategies, and performance reporting. The contract protects both parties by clearly defining service scope, deliverables, intellectual property rights, data protection responsibilities, and performance expectations. It's particularly important in the digital age where social media presence significantly impacts business success and where regulatory compliance, especially regarding data protection and electronic commerce, is crucial.

1. Parties: Identification of the service provider (social media manager) and the client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including technical social media terminology

4. Scope of Services: Detailed description of social media management services to be provided, including platforms covered and core responsibilities

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Fees and Payment Terms: Service fees, payment schedule, expenses, and late payment consequences

7. Service Provider's Obligations: Specific duties and responsibilities of the social media manager, including content creation, posting schedules, and reporting

8. Client's Obligations: Client responsibilities including providing necessary access, materials, and timely approval of content

9. Data Protection and GDPR Compliance: Obligations regarding personal data handling, data security measures, and GDPR compliance requirements

10. Intellectual Property Rights: Ownership and usage rights of content created, existing IP, and social media accounts

11. Confidentiality: Protection of confidential information exchanged during the service provision

12. Service Levels: Performance metrics, response times, and quality standards for the services

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

14. General Provisions: Standard legal clauses including governing law, jurisdiction, entire agreement, and amendments