The Non Disclosure Agreement For Social (Media) is essential in Indonesia's rapidly evolving digital landscape, where businesses increasingly rely on social media for their operations and marketing activities. This document becomes necessary when companies share sensitive information with social media agencies, influencers, content creators, or other parties involved in social media operations. It addresses specific requirements under Indonesian law, including compliance with UU ITE (Law on Electronic Information and Transactions) and the Personal Data Protection Law. The agreement covers various aspects of confidential information in the social media context, including marketing strategies, user data, analytics, upcoming campaigns, and proprietary content. It's particularly relevant given Indonesia's large social media user base and the increasing need for proper data protection and confidentiality in digital communications.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information in relation to social media activities
3. Definitions: Key terms including 'Confidential Information', 'Social Media Platforms', 'Social Media Content', 'Trade Secrets', 'Personal Data', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the social media context, including content, analytics, strategies, and user data
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Uses and Disclosure: Specified circumstances under which confidential information may be used or disclosed on social media platforms
7. Data Protection and Security: Specific measures required to protect confidential information in accordance with Indonesian data protection laws
8. Social Media Platform Requirements: Specific requirements and restrictions regarding the handling of confidential information on various social media platforms
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Additional provisions regarding ownership and protection of intellectual property in social media content - include when dealing with creative content or branded materials
2. Third Party Disclosure: Specific provisions for sharing information with social media agencies or contractors - include when third parties will be involved
3. Monitoring and Audit Rights: Rights to monitor compliance with the NDA - include for high-sensitivity information or when dealing with influential social media figures
4. Insurance Requirements: Obligations to maintain specific insurance coverage - include when dealing with high-value social media campaigns or influencers
5. Emergency Response Procedures: Procedures for handling confidentiality breaches on social media - include for high-profile clients or sensitive information
6. Cross-Border Data Transfer: Provisions for international data transfer - include when parties operate across multiple jurisdictions
1. Schedule 1: Specified Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2: Authorized Personnel: List of individuals authorized to access and handle confidential information
3. Schedule 3: Approved Social Media Platforms: List of social media platforms where confidential information may be used or referenced
4. Schedule 4: Security Protocols: Detailed security measures and protocols for protecting confidential information
5. Appendix A: Data Handling Guidelines: Specific guidelines for handling different types of confidential information on social media
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