A Social Media Waiver is essential for organizations operating in Indonesia that wish to use individual-related content on social media platforms. This document is particularly crucial given Indonesia's strict regulations regarding electronic information and personal data protection. It should be used whenever an organization plans to capture, store, or share images, videos, or other content featuring individuals on social media platforms. The waiver ensures compliance with Indonesian regulations, particularly the ITE Law and PDP Law, while protecting both the organization's interests and individual rights. It includes specific provisions for content usage, data protection, platform-specific requirements, and liability limitations, making it suitable for various scenarios from marketing campaigns to event documentation.
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1. Parties: Identification of the party requesting the waiver (typically a company or organization) and the individual granting the waiver
2. Background: Context of the waiver, explaining the purpose and relationship between parties
3. Definitions: Key terms including 'Social Media Content', 'Platforms', 'Personal Data', and other relevant terms as per Indonesian law
4. Scope of Consent: Detailed description of what content is covered and how it may be used
5. Rights Granted: Specific permissions being given regarding content usage, including reproduction, modification, and distribution rights
6. Data Protection Compliance: Compliance with Indonesian PDP Law requirements and data protection measures
7. Duration and Territory: Time period for which the waiver is valid and geographical scope of usage
8. Representations and Warranties: Statements confirming ownership of content and right to grant permissions
9. Liability and Indemnification: Limitations of liability and indemnification provisions as per Indonesian law
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and relevant jurisdiction
1. Compensation: Terms of payment or compensation if applicable - used when content creators are being paid
2. Moral Rights Waiver: Specific waiver of moral rights - used for professional content creation scenarios
3. Confidentiality: Confidentiality obligations - used when sensitive information might be involved
4. Revocation Rights: Terms for revoking consent - used in specific scenarios where revocation might be permitted
5. Platform-Specific Terms: Additional terms for specific social media platforms - used when content is platform-specific
6. Emergency Contact Information: Contact details for urgent situations - used in event or promotion scenarios
7. Parent/Guardian Consent: Additional consent section for minors - used when content involves individuals under 18
1. Schedule A - Content Description: Detailed description of the specific content covered by the waiver
2. Schedule B - Authorized Platforms: List of specific social media platforms where content may be used
3. Schedule C - Usage Guidelines: Specific guidelines for how content may be modified or presented
4. Appendix 1 - Data Processing Details: Detailed information about how personal data will be processed, as required by PDP Law
5. Appendix 2 - Platform Terms Reference: Reference to relevant terms and conditions of specified social media platforms
Relevant legal definitions
Clauses
Relevant Industries
Marketing and Advertising
Entertainment
Education
Retail
Hospitality
Events Management
Media and Broadcasting
Sports and Recreation
Technology
Non-profit Organizations
Healthcare
Professional Services
Fashion and Beauty
Food and Beverage
Tourism
Relevant Teams
Legal
Marketing
Social Media
Public Relations
Communications
Digital
Content Creation
Compliance
Human Resources
Customer Relations
Brand Management
Events
Creative
Relevant Roles
Marketing Manager
Social Media Coordinator
Content Creator
Legal Counsel
Communications Director
Event Manager
Public Relations Officer
Digital Marketing Specialist
Brand Manager
Community Engagement Manager
Compliance Officer
Human Resources Manager
Creative Director
Operations Manager
Customer Relations Manager
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