Social Media Advertising Contract Template for Belgium

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Key Requirements PROMPT example:

Social Media Advertising Contract

"I need a Social Media Advertising Contract under Belgian law for my fashion retail company to engage a local agency for managing our Instagram advertising campaigns starting March 2025, with a focus on sponsored posts and story ads."

Document background
The Social Media Advertising Contract is essential for businesses operating in Belgium that engage in social media marketing activities. This document is designed to comply with Belgian commercial law, EU regulations (particularly GDPR), and international advertising standards. It's typically used when a company engages an agency or service provider to manage their social media advertising campaigns across various platforms. The contract covers crucial aspects such as campaign planning, content creation, performance metrics, data protection, and payment terms. It includes specific provisions for different social media platforms while ensuring compliance with both platform-specific policies and Belgian advertising regulations. This agreement is particularly important given the increasing focus on digital advertising and the need for clear accountability in social media marketing activities, while maintaining compliance with Belgian and EU legal requirements.
Suggested Sections

1. Parties: Identification of the advertising agency/service provider and the client, including full legal names, registration numbers, and addresses

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

3. Definitions: Definitions of key terms used throughout the contract, including technical social media terms and campaign metrics

4. Scope of Services: Detailed description of the social media advertising services to be provided, including platforms covered and types of advertising

5. Campaign Requirements: Specific requirements for advertising campaigns, including target audience, content guidelines, and performance metrics

6. Approval Process: Process for reviewing and approving advertising content, including timelines and revision procedures

7. Data Protection and Privacy: GDPR compliance measures, data processing terms, and privacy protection requirements

8. Intellectual Property Rights: Ownership and usage rights for campaign content, creative materials, and resulting data

9. Payment Terms: Fee structure, payment schedule, and billing procedures

10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

11. Confidentiality: Protection of confidential information exchanged during the campaign

12. Warranties and Representations: Guarantees regarding service quality, compliance with laws, and platform policies

13. Limitation of Liability: Limitations on liability and indemnification provisions

14. General Provisions: Standard contract clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Performance Guarantees: Specific performance metrics and guarantees, used when the client requires minimum performance standards

2. Crisis Management: Procedures for handling social media crises or negative campaign feedback, recommended for high-profile campaigns

3. Influencer Collaboration: Terms for working with social media influencers, included when influencer marketing is part of the strategy

4. Multi-Platform Integration: Specific terms for cross-platform campaigns, used when advertising across multiple social media platforms

5. Agency-Client Communication: Detailed communication protocols and reporting structures, useful for complex campaigns

6. Third-Party Tools: Terms for using third-party advertising tools and analytics platforms

7. Content Creation Services: Specific terms for content creation if included in the scope of services

8. Training and Support: Terms for providing training or support to client's team, if applicable

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed specifications of service levels, response times, and performance metrics

2. Schedule B - Fee Structure: Detailed breakdown of fees, including platform costs, management fees, and additional services

3. Schedule C - Campaign Specifications: Technical specifications for campaigns, including format requirements and platform-specific guidelines

4. Schedule D - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

5. Schedule E - Approved Platforms: List of approved social media platforms and specific requirements for each

6. Appendix 1 - Reporting Templates: Standard templates for campaign performance reporting

7. Appendix 2 - Content Guidelines: Brand guidelines and content requirements for social media advertising

8. Appendix 3 - Emergency Contact Protocol: Contact information and procedures for urgent situations or crisis management

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Fashion and Luxury

Food and Beverage

Technology

Entertainment

Financial Services

Healthcare

Education

Travel and Tourism

Real Estate

Professional Services

Consumer Goods

Automotive

Non-profit Organizations

Relevant Teams

Marketing

Digital

Legal

Procurement

Compliance

Brand Management

Content Creation

Social Media

Advertising

Media Planning

Client Services

Risk Management

Data Protection

Relevant Roles

Marketing Director

Digital Marketing Manager

Social Media Manager

Chief Marketing Officer

Brand Manager

Content Manager

Advertising Manager

Legal Counsel

Procurement Manager

Digital Strategy Director

Campaign Manager

Media Buyer

Account Executive

Compliance Officer

Data Protection Officer

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental contract law principles governing formation, execution, and termination of contracts in Belgium
Belgian Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Regulates commercial practices, market practices, and consumer protection in Belgium
GDPR (General Data Protection Regulation): EU regulation governing personal data processing and transfer, crucial for social media advertising targeting and data collection
Belgian Data Protection Act of 30 July 2018: National implementation of GDPR, providing specific requirements for data processing in Belgium
ePrivacy Directive (2002/58/EC): EU directive concerning privacy in electronic communications, relevant for online advertising tracking and cookies
Belgian Advertising Code: Self-regulatory framework for advertising practices in Belgium, including digital advertising standards
Unfair Commercial Practices Directive (2005/29/EC): EU directive protecting consumers against unfair business-to-consumer commercial practices, including misleading advertising
Book VI of the Belgian Code of Economic Law: Specific provisions on market practices and consumer protection, including rules on online advertising and commercial communications
Book XII of the Belgian Code of Economic Law: Law of the electronic economy, covering electronic commerce and digital services
ICC Advertising and Marketing Communications Code: International guidelines for advertising and marketing practices, widely recognized in Belgium
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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