Social Media Management Agreement Template for Belgium

This document is a comprehensive Social Media Management Agreement governed by Belgian law and compliant with EU regulations, particularly GDPR. It establishes the legal framework for professional social media management services, detailing the scope of work, responsibilities, data protection measures, content ownership rights, and performance metrics. The agreement incorporates specific Belgian legal requirements while addressing the dynamic nature of social media management, including content creation, platform management, engagement strategies, and reporting obligations. It provides robust protection for both service providers and clients while ensuring compliance with Belgian business law and EU digital service regulations.

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What is a Social Media Management Agreement?

The Social Media Management Agreement is essential for businesses and organizations engaging professional social media services in Belgium. This document becomes necessary when a company decides to outsource its social media management to external professionals or agencies. It comprehensively covers service scope, deliverables, data protection (under GDPR and Belgian law), content rights, performance metrics, and payment terms. The agreement is particularly important given Belgium's strict regulatory environment and EU compliance requirements, especially regarding data protection and digital services. It protects both parties by clearly defining responsibilities, expectations, and deliverables while ensuring compliance with Belgian business law and EU regulations. The document is adaptable to various business sizes and sectors, from small businesses to large corporations, and can be customized based on specific social media management needs and platforms.

What sections should be included in a Social Media Management Agreement?

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, including client's business nature and need for social media management services

3. Definitions: Key terms used throughout the agreement, including technical social media terms, KPIs, and regulatory terminology

4. Scope of Services: Detailed description of social media management services, including platforms covered, posting frequency, and content types

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

6. Service Provider's Obligations: Specific responsibilities of the social media manager, including content creation, scheduling, engagement, and reporting

7. Client's Obligations: Client responsibilities including providing timely content approval, brand guidelines, and access to necessary accounts

8. Data Protection and GDPR Compliance: Obligations and procedures regarding data handling, privacy, and compliance with GDPR and Belgian data protection laws

9. Intellectual Property Rights: Ownership and usage rights of created content, existing brand materials, and user-generated content

10. Performance Metrics and Reporting: KPIs, reporting frequency, and evaluation criteria for social media management success

11. Fees and Payment Terms: Compensation structure, payment schedule, and terms for additional services

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

13. Liability and Indemnification: Limitations of liability and indemnification obligations for both parties

14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures

What sections are optional to include in a Social Media Management Agreement?

1. Crisis Management Protocol: Procedures for handling social media crises or negative publicity events - recommended for high-profile clients or sensitive industries

2. Content Approval Process: Detailed workflow for content approval - recommended for clients requiring strict control over social media posts

3. Third-Party Vendor Management: Terms for managing relationships with additional service providers like photographers or influencers - needed if external vendors are part of the service

4. International Operations: Specific provisions for managing social media across different countries - required for clients with international presence

5. Advertising and Promoted Content: Terms specific to paid social media advertising - needed if paid promotion is part of the services

6. Competition Restrictions: Non-compete clauses and handling of competing clients - relevant for agencies working in specific industries

7. Staff and Subcontractor Requirements: Terms regarding who can work on the account - important for clients requiring dedicated or security-cleared staff

What schedules should be included in a Social Media Management Agreement?

1. Schedule A - Service Level Agreement: Detailed metrics, response times, and performance standards for social media management

2. Schedule B - Fee Structure: Detailed breakdown of fees, including base fee, additional services, and expense categories

3. Schedule C - Platforms and Accounts: List of social media platforms and accounts covered under the agreement

4. Schedule D - Brand Guidelines: Client's branding requirements, tone of voice, and style guide for social media

5. Schedule E - Content Calendar Template: Template for planning and scheduling social media content

6. Schedule F - Reporting Template: Standard format for performance reports and analytics

7. Appendix 1 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

8. Appendix 2 - Emergency Contact Protocol: List of key contacts and procedures for emergency situations

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

Cost

Free to use

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