This Non Disclosure Agreement Social (Media) is essential for businesses and individuals operating in the Netherlands who need to protect confidential information related to their social media presence and digital marketing activities. The document is particularly relevant in today's digital age where social media strategies, content plans, and audience insights represent valuable intellectual property. It is designed to comply with Dutch law and EU regulations, including GDPR requirements, and provides comprehensive protection for various types of confidential information specific to social media operations. This includes but is not limited to access credentials, content strategies, campaign metrics, audience data, and proprietary marketing techniques. The agreement is suitable for use between companies and their social media partners, agencies, employees, or contractors who require access to sensitive social media-related information.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Social Media Platforms', 'Social Media Content', 'Trade Secrets', and other key terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the social media context
5. Obligations of Receiving Party: Specific duties regarding handling confidential information, including social media posting restrictions
6. Permitted Disclosures: Circumstances under which confidential information may be shared or used
7. Data Protection and Privacy: GDPR compliance measures and personal data handling requirements
8. Social Media Platform Specific Requirements: Platform-specific confidentiality and usage requirements
9. Duration and Termination: Term of the agreement and conditions for termination
10. Return or Destruction of Confidential Information: Procedures for handling confidential information after agreement termination
11. Breach and Remedies: Consequences of breaching the agreement and available remedies
12. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction
1. Emergency Relief: Provisions for seeking immediate injunctive relief in case of breach, recommended for high-risk situations
2. Audit Rights: Right to audit compliance with the agreement, useful for long-term or high-value relationships
3. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk disclosures
4. Employee and Contractor Obligations: Additional provisions for when receiving party will share information with employees/contractors
5. International Transfer of Data: Required when confidential information may be transferred outside the EU
6. Publicity and Announcements: Additional restrictions on public communications, useful for high-profile relationships
7. Competitive Restrictions: Non-compete or non-solicitation provisions, if relevant to the relationship
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Social Media Platforms: List of specific social media platforms covered by the agreement
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access confidential information
4. Schedule 4 - Security Protocols: Specific security measures required for handling confidential information
5. Schedule 5 - Approved Social Media Guidelines: Specific guidelines for social media usage and content creation
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if personal data is involved
7. Appendix B - Platform-Specific Terms: Specific requirements and restrictions for each social media platform
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