This Social Media Non Disclosure Agreement is essential for businesses operating in Indonesia that need to protect their social media assets and related confidential information when granting access to third parties or employees. The document is particularly relevant in today's digital landscape where social media platforms are crucial business tools requiring careful protection of access credentials, content strategies, and proprietary information. It is designed to comply with Indonesian regulations, including the ITE Law and PDP Law, while addressing specific challenges related to social media management. The agreement should be used when sharing social media account access, engaging with marketing agencies, hiring social media managers, or working with contractors who will have access to social media assets. It covers various aspects of social media confidentiality, from account credentials and analytics to content strategies and customer data.
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1. Parties: Identification of the parties entering into the agreement, including the disclosing party and receiving party
2. Background: Context of the agreement, including the business relationship and purpose of sharing social media access/information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Social Media Accounts', 'Social Media Content', 'Platform Access Credentials'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the social media context
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of social media information
6. Permitted Use: Specified authorized uses of social media accounts and confidential information
7. Security Measures: Required security measures for protecting social media credentials and information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. International Usage: Additional provisions for cross-border social media activities and international data transfer requirements
2. Intellectual Property Rights: Specific provisions regarding IP rights in social media content when relevant
3. Employee Training: Requirements for training employees on social media confidentiality when multiple staff have access
4. Audit Rights: Rights to audit compliance with the NDA for high-security situations
5. Insurance Requirements: Obligations to maintain specific insurance coverage for high-risk social media management
6. Data Protection Compliance: Specific provisions addressing compliance with Indonesian PDP Law when personal data is involved
7. Third-Party Access: Provisions governing access by third-party contractors or agencies
1. Schedule 1 - Covered Social Media Platforms: List of specific social media platforms and accounts covered by the agreement
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access social media accounts and confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for social media access
4. Schedule 4 - Data Handling Procedures: Specific procedures for handling different types of confidential social media data
5. Appendix A - Incident Response Plan: Procedures for responding to confidentiality breaches or unauthorized access
6. Appendix B - Compliance Checklist: Checklist for ensuring compliance with security and confidentiality requirements
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