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Social Media Non Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

Social Media Non Disclosure Agreement

"I need a Social Media Non Disclosure Agreement under South African law for our marketing agency relationship with TechCorp Ltd, ensuring protection of our social media analytics, account credentials, and customer data across all major platforms."

Document background
A Social Media Non Disclosure Agreement is essential in today's digital business environment where social media assets and related information have become valuable business property requiring protection. This document is designed for use in South Africa, complying with local legislation including POPIA, the Electronic Communications and Transactions Act, and common law principles of confidentiality. It should be used when parties need to share sensitive information related to social media operations, such as account credentials, analytics, strategic plans, customer data, or proprietary social media strategies. The agreement is particularly relevant for businesses engaging with external social media service providers, agencies, or consultants, or when sharing social media-related confidential information with employees or contractors. It includes specific provisions addressing the unique aspects of social media confidentiality while ensuring compliance with South African data protection requirements.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal names, registration numbers (if applicable), and physical addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing social media access/information

3. Definitions: Detailed definitions including 'Confidential Information', 'Social Media Platforms', 'Social Media Assets', 'Authorized Users', 'Personal Information', and other key terms

4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the social media context, including account credentials, analytics, follower data, and strategic information

5. Obligations of Receiving Party: Specific duties regarding handling of confidential information, including storage, access controls, and usage restrictions

6. Data Protection Compliance: Obligations under POPIA and other relevant data protection laws, including handling of personal information accessed through social media

7. Security Measures: Required technical and organizational measures to protect confidential information, including password policies and access management

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Return or Destruction of Information: Procedures for handling confidential information after termination or upon request

10. Breach and Remedies: Consequences of breach, including available remedies and potential penalties

Optional Sections

1. Third Party Access: Used when third-party contractors or agencies may need access to social media accounts or data

2. International Data Transfers: Required when confidential information may be transferred across borders

3. Intellectual Property Rights: Include when the agreement needs to address ownership of content, hashtags, or other social media assets

4. Competition Restrictions: Used when parties are competitors or when competitive use of information needs to be restricted

5. Audit Rights: Include when regular auditing of information usage and security measures is required

6. Crisis Management: Include when handling of confidential information during social media crises needs to be addressed

Suggested Schedules

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

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

3. Schedule C - Security Protocols: Detailed security requirements and procedures for handling social media access and information

4. Schedule D - Data Processing Requirements: Specific requirements for processing personal information in compliance with POPIA

5. Appendix 1 - Incident Response Plan: Procedures for handling and reporting security incidents or unauthorized disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















































Clauses


































Relevant Industries

Retail

Entertainment

Technology

Financial Services

Healthcare

Education

Hospitality

FMCG

E-commerce

Professional Services

Media and Broadcasting

Tourism

Telecommunications

Fashion and Beauty

Non-Profit Organizations

Relevant Teams

Marketing

Digital Communications

Social Media

Public Relations

Brand Management

Content Creation

Digital Strategy

Customer Experience

Legal

Information Technology

Data Analytics

Corporate Communications

Relevant Roles

Social Media Manager

Digital Marketing Director

Content Strategy Manager

Community Manager

Digital Communications Officer

Marketing Executive

Brand Manager

Digital Analytics Manager

Chief Marketing Officer

Social Media Coordinator

Digital Content Creator

Influencer Relations Manager

Social Media Strategist

Digital Brand Manager

Marketing Communications Manager

Industries







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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