Social Media Non Disclosure Agreement for the United Kingdom

Social Media Non Disclosure Agreement Template for England and Wales

A Social Media Non Disclosure Agreement is a legally binding document governed by the laws of England and Wales, designed to protect confidential information shared in the context of social media operations. It covers aspects such as account access, content strategies, analytics, audience data, and marketing plans. The agreement ensures that sensitive information shared during social media management, campaigns, or strategy development remains confidential and is used only for intended purposes.

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What is a Social Media Non Disclosure Agreement?

Social Media Non Disclosure Agreements are essential when sharing sensitive information related to social media operations. This agreement, governed by English and Welsh law, is particularly relevant when engaging with social media agencies, managers, or influencers who require access to confidential business information, account credentials, or proprietary content strategies. It protects both the disclosing and receiving parties by clearly defining confidential information, usage restrictions, and obligations regarding social media-related data and operations.

What sections should be included in a Social Media Non Disclosure Agreement?

1. Parties: Identifies the parties entering into the agreement

2. Background: Explains context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement including 'Confidential Information', 'Social Media Platforms', and 'Protected Content'

4. Confidential Information: Defines and specifies what constitutes confidential information in social media context, including login credentials, analytics, engagement metrics, and strategic information

5. Obligations of Confidentiality: Details the core confidentiality obligations, including non-disclosure, non-use, and security measures

6. Term and Termination: Duration of agreement and termination provisions, including post-termination obligations

7. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination

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

1. Social Media Account Access: Details access rights and permissions to social media accounts, including password management and access revocation procedures

2. International Transfer: Provisions governing the transfer of confidential information across international borders

3. Influencer Provisions: Specific provisions relating to influencer relationships, content ownership, and confidentiality obligations

4. Data Protection Compliance: Specific provisions ensuring compliance with data protection laws including GDPR and Data Protection Act 2018

What schedules should be included in a Social Media Non Disclosure Agreement?

1. Schedule 1: Protected Social Media Accounts: Comprehensive list of social media accounts and platforms covered by the agreement

2. Schedule 2: Authorized Personnel: List of individuals authorized to access and handle confidential information

3. Appendix A: Security Protocols: Detailed security measures and protocols for protecting confidential information

4. Appendix B: Compliance Requirements: Specific compliance requirements and procedures for handling confidential information

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

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Relevant legal definitions

Clauses

Relevant Industries

Retail
Food and Beverage
Services
Small Business

Relevant Teams

Real Estate
Legal
Operations
Finance
Facilities Management

Relevant Roles

Property Manager
Retail Business Owner
Commercial Property Agent
Real Estate Manager
Leasing Manager
Commercial Lawyer

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Trade Secrets (Enforcement, etc.) Regulations 2018: Primary legislation governing the protection of trade secrets and confidential business information in England and Wales

Data Protection Act 2018 (UK GDPR): Legislation governing the processing and protection of personal data, including its sharing on social media platforms

Copyright, Designs and Patents Act 1988: Legislation protecting intellectual property rights, including content shared on social media

Computer Misuse Act 1990: Legislation addressing unauthorized access to computer systems and data

Human Rights Act 1998: Legislation protecting fundamental rights including freedom of expression, which must be balanced against confidentiality obligations

Law of Confidence: Common law principle protecting confidential information and defining obligations in confidential relationships

Contract Law Principles: Common law principles governing formation and enforcement of contracts, including NDAs

Equitable Principles: Legal principles relating to breach of confidence and available remedies

Privacy and Electronic Communications Regulations 2003: Regulations governing electronic communications and privacy rights in digital communications

Online Safety Bill: Upcoming legislation addressing online safety and platform responsibility (pending implementation)

Electronic Commerce Regulations 2002: Regulations governing electronic business communications and transactions

Confidential Information Definition: Key consideration for defining what constitutes confidential information in social media context

Reasonable Restrictions: Consideration of appropriate and enforceable limitations on sharing and use of confidential information

Duration of Obligations: Consideration of time period for confidentiality obligations and their enforcement

Geographical Scope: Consideration of territorial limits and international aspects of confidentiality obligations

Breach Remedies: Consideration of available legal remedies and enforcement mechanisms for confidentiality breaches

Information Management: Consideration of procedures for return or deletion of confidential information

Employee Rights: Consideration of employee protections including whistleblower provisions

Legal Disclosure Exceptions: Consideration of permitted disclosures required by law or regulatory authorities

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What is a Social Media Non Disclosure Agreement?

What sections should be included in a Social Media Non Disclosure Agreement?

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

What schedules should be included in a Social Media Non Disclosure Agreement?

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