A Social Media Non Disclosure Agreement is essential in today's digital business environment where social media assets and related information have become valuable business property requiring protection. This document is designed for use in South Africa, complying with local legislation including POPIA, the Electronic Communications and Transactions Act, and common law principles of confidentiality. It should be used when parties need to share sensitive information related to social media operations, such as account credentials, analytics, strategic plans, customer data, or proprietary social media strategies. The agreement is particularly relevant for businesses engaging with external social media service providers, agencies, or consultants, or when sharing social media-related confidential information with employees or contractors. It includes specific provisions addressing the unique aspects of social media confidentiality while ensuring compliance with South African data protection requirements.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, registration numbers (if applicable), and physical addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing social media access/information
3. Definitions: Detailed definitions including 'Confidential Information', 'Social Media Platforms', 'Social Media Assets', 'Authorized Users', 'Personal Information', and other key terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the social media context, including account credentials, analytics, follower data, and strategic information
5. Obligations of Receiving Party: Specific duties regarding handling of confidential information, including storage, access controls, and usage restrictions
6. Data Protection Compliance: Obligations under POPIA and other relevant data protection laws, including handling of personal information accessed through social media
7. Security Measures: Required technical and organizational measures to protect confidential information, including password policies and access management
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Return or Destruction of Information: Procedures for handling confidential information after termination or upon request
10. Breach and Remedies: Consequences of breach, including available remedies and potential penalties
1. Third Party Access: Used when third-party contractors or agencies may need access to social media accounts or data
2. International Data Transfers: Required when confidential information may be transferred across borders
3. Intellectual Property Rights: Include when the agreement needs to address ownership of content, hashtags, or other social media assets
4. Competition Restrictions: Used when parties are competitors or when competitive use of information needs to be restricted
5. Audit Rights: Include when regular auditing of information usage and security measures is required
6. Crisis Management: Include when handling of confidential information during social media crises needs to be addressed
1. Schedule A - Covered Social Media Platforms: List of specific social media platforms and accounts covered by the agreement
2. Schedule B - Authorized Personnel: List of individuals authorized to access and handle the confidential information
3. Schedule C - Security Protocols: Detailed security requirements and procedures for handling social media access and information
4. Schedule D - Data Processing Requirements: Specific requirements for processing personal information in compliance with POPIA
5. Appendix 1 - Incident Response Plan: Procedures for handling and reporting security incidents or unauthorized disclosures
Relevant legal definitions
Clauses
Relevant Industries
Retail
Entertainment
Technology
Financial Services
Healthcare
Education
Hospitality
FMCG
E-commerce
Professional Services
Media and Broadcasting
Tourism
Telecommunications
Fashion and Beauty
Non-Profit Organizations
Relevant Teams
Marketing
Digital Communications
Social Media
Public Relations
Brand Management
Content Creation
Digital Strategy
Customer Experience
Legal
Information Technology
Data Analytics
Corporate Communications
Relevant Roles
Social Media Manager
Digital Marketing Director
Content Strategy Manager
Community Manager
Digital Communications Officer
Marketing Executive
Brand Manager
Digital Analytics Manager
Chief Marketing Officer
Social Media Coordinator
Digital Content Creator
Influencer Relations Manager
Social Media Strategist
Digital Brand Manager
Marketing Communications Manager
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