Social Media Non Disclosure Agreement for the United States

Social Media Non Disclosure Agreement Template for United States

A Social Media Non-Disclosure Agreement is a legally binding document used in the United States to protect confidential information shared in the context of social media operations. It establishes obligations for handling sensitive information across various social media platforms, defining what constitutes confidential information, and setting forth consequences for unauthorized disclosure. This agreement is governed by U.S. federal and state laws, including trade secret protection and digital communications regulations.

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What is a Social Media Non Disclosure Agreement?

The Social Media Non Disclosure Agreement is essential in today's digital landscape where businesses share sensitive information with social media managers, influencers, and marketing agencies. This document, governed by U.S. law, provides legal protection for confidential business information, trade secrets, and proprietary content shared across social media platforms. It defines the scope of confidential information, establishes handling procedures, and outlines remedies for unauthorized disclosure. The agreement is particularly relevant given the rapid pace of social media communications and the potential for immediate, widespread dissemination of information.

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

1. Parties: Identification of all parties entering into the agreement, including legal names and addresses

2. Background/Recitals: Context of the agreement and relationship between parties regarding social media activities

3. Definitions: Key terms including 'Confidential Information', 'Social Media Platforms', 'Posts', 'Content', etc.

4. Scope of Confidentiality: Detailed description of what information is considered confidential

5. Obligations of Confidentiality: Specific duties regarding handling and protecting confidential information

6. Permitted Uses: Allowed uses of confidential information in social media context

7. Term and Termination: Duration of the agreement and conditions for termination

8. Return of Confidential Information: Procedures for returning or destroying confidential information

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

1. Social Media Account Ownership: Clarifies ownership of accounts and content - use when dealing with corporate social media accounts or branded content

2. Influencer Provisions: Specific terms for social media influencers - use when working with influencers or brand ambassadors

3. International Provisions: Cross-border data transfer and compliance - use when parties operate in multiple jurisdictions

4. Crisis Management: Procedures for handling social media crises - use for high-profile accounts or sensitive industries

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

1. Schedule A - Covered Social Media Platforms: List of specific social media platforms covered by the agreement

2. Schedule B - Authorized Personnel: List of individuals authorized to access confidential information

3. Schedule C - Security Protocols: Detailed security measures for handling confidential information

4. Appendix 1 - Platform-Specific Guidelines: Specific rules and requirements for each social media platform

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and allows companies to file civil lawsuits in federal court for trade secret misappropriation

Uniform Trade Secrets Act (UTSA): State-level legislation adopted by most states that provides a legal framework for trade secret protection at the state level

National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss working conditions, which may impact how broadly an NDA can restrict communication about workplace issues

Stored Communications Act (SCA): Federal law governing the privacy of stored electronic communications, which affects how companies can monitor and control social media communications

Electronic Communications Privacy Act (ECPA): Federal law regulating the interception of electronic communications, relevant for monitoring and controlling social media usage

FCC Regulations: Federal Communications Commission rules governing electronic communications and social media platforms

First Amendment Considerations: Constitutional protections for free speech that may limit the scope of social media restrictions in NDAs

Platform Terms of Service: Individual social media platform guidelines and requirements that must be considered in NDA terms

Contract Law Requirements: Basic contract law principles including consideration, enforceability, reasonable scope and duration requirements

FTC Guidelines: Federal Trade Commission rules regarding social media endorsements, testimonials, and marketing practices

Copyright Act: Federal law protecting original works of authorship, including social media content

State Privacy Laws: Various state-specific regulations governing data protection and privacy rights that may affect social media usage and monitoring

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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