Question 1

What is a Social Media Non Disclosure Agreement

Accepted Answer

This Social Media Non Disclosure Agreement is essential for businesses operating in the Philippines that share sensitive social media-related information with external parties or employees. It becomes particularly crucial when granting access to social media accounts, sharing marketing strategies, analytics data, or customer insights. The agreement ensures compliance with Philippine regulations, particularly the Data Privacy Act of 2012 and Cybercrime Prevention Act, while protecting proprietary information in the digital space. It should be used when engaging social media agencies, contractors, employees, or influencers who will have access to confidential social media assets or strategies. The document addresses specific challenges related to digital information sharing, including account access protocols, content confidentiality, and data security measures unique to social media platforms.

Question 2

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

Accepted Answer

1. Parties: Identifies and provides details of the disclosing party and receiving party, including their legal names, addresses, and business registration details. 2. Background: Explains the context of the agreement, including the nature of the relationship between parties and why social media confidentiality is required. 3. Definitions: Defines key terms including 'Confidential Information', 'Social Media Platforms', 'Posts', 'Engagement Analytics', and other relevant terms. 4. Scope of Confidentiality: Details what information is considered confidential in the context of social media, including account credentials, analytics, strategic plans, and proprietary content. 5. Confidentiality Obligations: Specifies the receiving party's obligations to maintain confidentiality of social media-related information. 6. Permitted Uses: Outlines authorized uses of the confidential information in relation to social media activities. 7. Security Measures: Specifies required security measures for protecting confidential information, including password management and access controls. 8. Data Privacy Compliance: Ensures compliance with the Philippine Data Privacy Act and related regulations. 9. Term and Termination: Specifies the duration of the agreement and conditions for termination. 10. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination. 11. Breach and Remedies: Outlines consequences of breach and available remedies. 12. Governing Law and Jurisdiction: Specifies Philippine law as governing law and jurisdiction for dispute resolution.

Question 3

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

Accepted Answer

1. Third Party Access: Include when third-party contractors or agencies may need access to social media accounts or confidential information. 2. International Data Transfers: Include when confidential information may be transferred outside the Philippines. 3. Intellectual Property Rights: Include when the agreement needs to address ownership of social media content and related IP. 4. Non-Competition: Include when there's a need to restrict the receiving party from competing activities on social media. 5. Audit Rights: Include when the disclosing party needs rights to audit compliance with the agreement. 6. Insurance Requirements: Include when specific insurance coverage is required for handling confidential information. 7. Social Media Crisis Management: Include when procedures for handling social media crises or leaks need to be specified.

Question 4

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

Accepted Answer

1. Schedule A - Covered Social Media Platforms: List of specific social media platforms and accounts covered by the agreement. 2. Schedule B - Categories of Confidential Information: Detailed categorization of confidential information related to social media operations. 3. Schedule C - Authorized Personnel: List of individuals authorized to access and handle confidential social media information. 4. Schedule D - Security Protocols: Detailed security measures and protocols for protecting confidential information. 5. Schedule E - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential data.

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