Employer Social Media Policy - Template, Sample Form Pro · NG-law

SOCIAL MEDIA POLICY

________

Effective Date: ________

This Social Media Policy (the "Policy") is issued by ________ (the "Company"), a company incorporated under the Companies and Allied Matters Act 2020, with its registered office at ________ and registration number ________. It sets out the standards governing the conduct of the Company and its employees on social media, describes acceptable conduct online, and stipulates the consequences of non-compliance.

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This Policy shall be read together with the employee's contract of employment, the Company's Employee Handbook, and the Company's Data Protection Policy issued pursuant to the Nigeria Data Protection Act 2023.

§ 1 — SCOPE AND APPLICATION

1.1. This Policy applies to all employees, officers, directors, interns, contractors and consultants of ________ (collectively referred to as "employees"), whether engaged on a full-time, part-time, fixed-term or temporary basis.

1.2. All employees are required to read this Policy carefully and to comply fully with its provisions. This Policy applies both to conduct during working hours and, where the conduct affects the Company, its reputation or its lawful interests, outside working hours.

1.3. This Policy is a guidance and disciplinary instrument and does not, of itself, vary or create any contract of employment.

§ 2 — DEFINITIONS AND GENERAL PROVISIONS

2.1. The term "Social Media" includes all web-based and mobile platforms and applications used for communication, publication and interaction, including but not limited to blogs, websites, forums, chatrooms, Facebook, X (formerly Twitter), Instagram, LinkedIn, TikTok, Snapchat, WhatsApp, Telegram and any successor or similar platform.

2.2. This Policy regulates both the use of personal social media accounts by employees and the manner in which employees are authorised to represent the Company on social media.

§ 3 — USE OF PERSONAL SOCIAL MEDIA

3.1. Employees may access their personal social media accounts during working hours provided that such access is reasonable, moderate, and does not interfere with the performance of their duties.

3.2. When using personal social media, employees shall:

(I) maintain a personal email address and refrain from using the Company's email address for personal communications or for any matter unconnected to the business of the Company;

(II) not use the Company's logo, name, trade mark, trade name, brand, copyrighted material or other intellectual property without the prior written permission of management;

(III) ensure that any post, comment or activity made on personal accounts is clearly understood not to represent the Company, and not imply that personal opinions are endorsed by the Company;

(IV) refrain from discussing, promoting or appearing to condone any illegal or criminal activity;

(V) when using the Company's computers, phones, laptops or other electronic devices, refrain from accessing or downloading sites or applications that may introduce malicious software or other harmful programs;

(VI) refrain from circulating any derogatory, defamatory, offensive, insulting or disparaging information or material about the Company, its employees, clients or customers;

(VII) comply with the rules, terms and policies of the social media platforms being used, and with all applicable laws, including the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 and the Nigeria Data Protection Act 2023.

3.3. Employees are encouraged to support the Company's lawful activities through their personal social media accounts in a manner consistent with this Policy.

§ 4 — REPRESENTING THE COMPANY ON SOCIAL MEDIA

4.1. Employees who have been granted access to, or who manage, the Company's social media accounts shall:

(I) be respectful and courteous when interacting with persons on behalf of the Company, and avoid arguments or confrontations with current or prospective clients and customers online;

(II) avoid commenting on, or publishing information about, topics outside their area of competence, and promptly correct or remove any misleading or inaccurate information about the Company;

(III) refrain from making inaccurate or misleading statements and from disclosing confidential information or material;

(IV) refrain from ignoring or deleting comments without reasonable cause and respond to legitimate criticisms promptly;

(V) refrain from circulating any derogatory, defamatory, offensive, insulting or disparaging information or material about the Company.

4.2. Employees shall not use social media platforms to make recommendations or endorsements in violation of this Policy. All content intended to be published on the Company's official accounts must first be reviewed and approved by ________ or such other person as management may designate.

§ 5 — CONFIDENTIALITY OBLIGATIONS

5.1. Employees shall not disclose on any social media platform the Company's confidential information, trade secrets or other sensitive information, and shall maintain the confidentiality of clients, customers and fellow employees.

5.2. "Confidential Information" means all information or material of whatever nature relating to the business or operations of the Company, whether communicated orally, in writing or otherwise, including but not limited to documents, techniques, practices, tools, specifications, inventions, patents, trade marks, software, drawings and programmes developed by or relating to the Company, or any other information not generally known or readily ascertainable by the public.

5.3. Confidential Information does not include information or data which:

(I) can be established by written records to be already in the public domain at the time of disclosure;

(II) enters the public domain through no fault of the employee;

(III) is disclosed by the Company to third parties without restriction;

(IV) is lawfully disclosed to the employee by a third party entitled to disclose it; or

(V) is required by law, court order or competent regulatory authority to be disclosed.

5.4. Employees are prohibited from disclosing or publishing, in whole or in part, any information relating to the practice, business dealings or affairs of the Company on any social media platform, website, application or online forum. In particular, employees shall not disclose:

(I) sensitive information relating to the Company's methods of operation, trade secrets, or other information that may affect its competitive advantage;

(II) information about the Company's products or services that may conflict with the Company's official communications to the public;

(III) any material information concerning the Company's products and services without the prior written permission of management.

5.5. The obligations in this § 5 shall continue to apply during the employee's employment and after its termination, for so long as the information remains confidential or constitutes a trade secret.

§ 6 — CONFLICT OF INTEREST AND NON-SOLICITATION

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6.2. Unacceptable conduct. Employees shall not engage in any activity that conflicts with the Company's interests and shall disclose any actual or potential conflict as soon as practicable. In particular, employees shall avoid:

(I) rendering services or engaging in any outside employment that conflicts with the employee's duty to the Company;

(II) making recommendations or endorsements in favour of the Company's competitors;

(III) managing a blog, website, social media platform or other digital platform that accepts advertisement engagements from the Company's competitors;

(IV) forming or engaging in any partnership, association, interaction or relationship that may conflict with the Company's interests, all such potential conflicts to be disclosed to management.

6.3. Non-solicitation. During employment with the Company and for a period of ________ following its termination, and to the extent reasonable and enforceable under Nigerian law, employees shall refrain from:

(I) soliciting orders from, or doing business with, any client or customer of the Company;

(II) setting up a company or other organisation that provides products or services offered by the Company;

(III) advising or working, directly or indirectly, for any person, business or organisation in competition with the Company, whether as employee, independent contractor, director or consultant.

§ 7 — DISCIPLINARY ACTIONS

7.1. Employees who violate any provision of this Policy shall be subject to disciplinary action. The nature and severity of the disciplinary measure shall depend on the gravity of the misconduct, the circumstances surrounding the breach, and whether the violation is a first or repeated offence.

7.2. Disciplinary actions may include a verbal warning, written warning, suspension, demotion, or termination of employment in accordance with the Labour Act and the employee's contract of employment.

7.3. The Company shall conduct a fair investigation before imposing any disciplinary measure, and the affected employee shall be given an opportunity to be heard in accordance with the principles of natural justice.

7.4. Where the conduct of an employee amounts to a criminal offence or causes loss or damage to the Company, the Company reserves the right to report the matter to the appropriate authorities and to take legal action and seek all appropriate remedies against the employee.

§ 8 — DATA PROTECTION AND PRIVACY

8.1. The Company is committed to protecting the personal data of its employees, clients and customers in accordance with the Nigeria Data Protection Act 2023 and any regulations or directives issued by the Nigeria Data Protection Commission.

8.2. Employees shall respect the privacy of their colleagues, clients and customers and shall not post or disclose any personal data of any such person on social media without lawful basis and the requisite consent.

8.3. Unauthorised copying, transmission of, or access to, any person's personal data by any employee shall constitute a breach of this Policy and may attract disciplinary action and, where applicable, regulatory or criminal liability.

8.4. Employees shall promptly report any suspected personal data breach to the Company's Data Protection Officer or to management.

§ 9 — MODIFICATION OF POLICY

9.1. The Company may, at any time and at its sole discretion, revoke, revise or modify the terms of this Policy as it deems fit.

9.2. In the event of any such variation, every employee shall be duly notified in writing. Employees must read, understand and comply with the terms of any modified version of this Policy.

9.3. Any question arising from any modified version of this Policy may be communicated to supervisors, heads of department or such other channels as the Company may designate.

§ 10 — GOVERNING LAW

10.1. This Policy shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

10.2. Any dispute arising from or in connection with this Policy shall, where not amicably resolved, be referred to the National Industrial Court of Nigeria sitting at ________ or such other competent court or forum as may be appropriate.

ACKNOWLEDGEMENT OF RECEIPT

I, ________, acknowledge receipt of a copy of the Social Media Policy, which contains the policies, practices and procedures of ________, and I agree to read, understand and be bound by all the provisions of this Policy. I understand that this Policy is intended to serve as a guide and, save as expressly provided, does not of itself create any contractual obligation on any party.

I also understand that failure to comply with the provisions of this Policy may subject me to disciplinary action, including termination of employment.

I acknowledge that the Company reserves the right to modify the policies, procedures and other provisions contained in this Policy.

Name of Employee: ________

Designation: ________

Date of Receipt: ________

Signature of Employee: ________