Social Media Confidentiality Agreement Template for England and Wales

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Key Requirements PROMPT example:

Social Media Confidentiality Agreement

"I need a Social Media Confidentiality Agreement for our marketing agency's new social media team in London, covering multiple client accounts and protecting sensitive campaign information before our expansion in March 2025."

Document background
The Social Media Confidentiality Agreement is essential for organizations operating in England and Wales who need to protect sensitive information shared through or accessible via social media platforms. This document becomes particularly important as businesses increase their social media presence and delegate social media responsibilities to employees, contractors, or agencies. The agreement covers confidential information handling, account access protocols, content guidelines, and breach consequences, while ensuring compliance with UK data protection and employment laws.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including definitions of confidential information, social media platforms, and relevant terminology

4. Scope of Confidentiality: Definition of confidential information and covered social media platforms

5. Confidentiality Obligations: Specific duties regarding confidential information and prohibited actions on social media

6. Duration: Time period for which confidentiality obligations remain in force

7. Return of Information: Procedures for returning or destroying confidential information and removing social media content

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

9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Social Media Usage Guidelines: Specific rules and protocols for social media behavior and content posting

2. Personal Account Usage: Rules and restrictions regarding personal social media accounts and their relationship to company information

3. Crisis Management: Procedures for handling social media crises and unauthorized information disclosure

4. Monitoring and Compliance: Procedures for monitoring social media activity and ensuring compliance with the agreement

Suggested Schedules

1. Schedule 1: Covered Social Media Platforms: Comprehensive list of social media platforms covered by the agreement

2. Schedule 2: Approved Social Media Guidelines: Detailed guidelines for acceptable social media usage and behavior

3. Appendix A: Security Protocols: Specific security measures for protecting social media accounts and confidential information

4. Appendix B: Incident Report Template: Standard form for reporting confidentiality breaches and unauthorized disclosures

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

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR and Data Protection Act 2018: Core data protection legislation governing how personal data must be handled, processed, and protected, including requirements for data security and individual rights

Privacy and Electronic Communications Regulations (PECR): Specific rules for electronic communications, complementing general data protection laws with particular relevance to social media communications

Employment Rights Act 1996: Fundamental employment legislation that ensures the confidentiality agreement aligns with basic employment rights and protections

Equality Act 2010: Ensures the confidentiality provisions don't discriminate against protected characteristics and are applied fairly across all employees

Unfair Contract Terms Act 1977: Regulates contractual terms to ensure they are fair and reasonable, particularly important for enforcement provisions

Copyright, Designs and Patents Act 1988: Protects intellectual property rights in social media content, including company assets and employee-created content

Trade Marks Act 1994: Protects company brands and logos that might be used in social media contexts

Trade Secrets Regulations 2018: Specific protection for trade secrets and confidential business information that might be exposed through social media

Competition Act 1998: Ensures confidentiality restrictions don't create anti-competitive effects in the market

Human Rights Act 1998: Protects fundamental rights including freedom of expression, which must be balanced against confidentiality requirements

Online Safety Bill: Pending legislation that will affect social media usage and safety requirements for online content

Electronic Commerce Regulations 2002: Governs electronic business communications and transactions, including aspects of social media use in business contexts

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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