Social Media Confidentiality Agreement Template for Germany

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Key Requirements PROMPT example:

Social Media Confidentiality Agreement

"I need a Social Media Confidentiality Agreement for our German fintech company that covers both our regular employees and external brand ambassadors, with specific provisions for handling sensitive financial information on LinkedIn and Twitter, and ensuring GDPR compliance for our operations across the EU."

Document background

The Social Media Confidentiality Agreement is essential for modern businesses operating in Germany that maintain a social media presence while handling sensitive information. This document becomes necessary when employees or contractors have access to company social media accounts or may discuss company-related information on their personal social media platforms. It addresses specific requirements under German law, including GDPR compliance, trade secret protection under GeschGehG, and employment law considerations under the BGB. The agreement is particularly relevant given the increasing integration of social media in business operations and the need to protect confidential information in the digital space. It provides comprehensive guidelines for social media usage, defines the scope of confidential information, and establishes clear protocols for handling sensitive data on social platforms.

Suggested Sections

1. Parties: Identification of the employer and employee/contractor, including full legal names and addresses

2. Background: Context of the agreement, explaining the company's social media presence and need for protecting confidential information

3. Definitions: Detailed definitions including 'Social Media', 'Confidential Information', 'Professional Social Media Accounts', 'Personal Social Media Accounts', 'Company Content', and 'Protected Information'

4. Scope of Agreement: Details of what activities and platforms are covered by the agreement

5. Confidentiality Obligations: Core confidentiality requirements and restrictions regarding social media usage

6. Permitted and Prohibited Activities: Specific guidelines on allowed and forbidden social media activities

7. Data Protection Compliance: GDPR and BDSG compliance requirements for handling personal data on social media

8. Company Social Media Accounts: Rules regarding official company social media accounts and ownership of professional contacts

9. Security Requirements: Technical and organizational measures required for social media access and usage

10. Duration and Survival: Term of the agreement and obligations that continue after employment ends

11. Breach and Remedies: Consequences of breaching the agreement and available legal remedies

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Personal Social Media Usage: Additional guidelines for personal social media use outside of work - include when employees have high visibility or represent company interests

2. Brand Ambassador Guidelines: Specific rules for employees designated as brand ambassadors - include for companies with formal brand ambassador programs

3. Crisis Management Protocol: Procedures for handling social media during company crises - include for high-risk industries or public-facing companies

4. Industry-Specific Compliance: Additional compliance requirements for regulated industries - include for financial services, healthcare, etc.

5. International Usage Guidelines: Special provisions for cross-border social media activity - include for companies operating internationally

6. Works Council Provisions: Specific provisions required by works council agreements - include when applicable under BetrVG

Suggested Schedules

1. Schedule 1 - Approved Social Media Platforms: List of social media platforms covered by the agreement and any platform-specific rules

2. Schedule 2 - Social Media Security Protocols: Detailed technical security requirements and best practices

3. Schedule 3 - Approved Content Guidelines: Guidelines for content creation and sharing on social media

4. Appendix A - Social Media Response Matrix: Decision matrix for handling different types of social media situations

5. Appendix B - Account Access Procedures: Procedures for granting, maintaining, and revoking social media account access

6. Appendix C - Acknowledgment Form: Form for employees to sign acknowledging receipt and understanding of the agreement

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Marketing and Advertising

Public Relations

Retail

Financial Services

Healthcare

Entertainment

Professional Services

Manufacturing

Education

Hospitality

Media and Communications

E-commerce

Consumer Goods

Consulting

Relevant Teams

Marketing

Communications

Public Relations

Social Media

Digital Marketing

Customer Service

Human Resources

Sales

Executive Leadership

Legal

Corporate Communications

Content Creation

Brand Management

Digital Strategy

Community Management

Relevant Roles

Social Media Manager

Marketing Manager

Communications Director

Public Relations Officer

Digital Marketing Specialist

Content Creator

Community Manager

Brand Ambassador

Customer Service Representative

Human Resources Manager

Sales Representative

Executive Officer

Product Manager

Business Development Manager

Corporate Communications Manager

Employee Relations Specialist

Digital Strategy Director

Marketing Coordinator

Social Media Analyst

Influencer Relations Manager

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