online-behavior

It's true that contracts for marketing and advertising professionals often include clauses that regulate their online behavior, especially when it relates to the company's brand. Here's a breakdown of common contract clauses and considerations:

Clauses Related to Positive Brand Representation:

• Brand Reputation Clauses:
  • These clauses explicitly state that employees must maintain a positive image of the company. This can include requirements to:
    • Refrain from posting negative or disparaging comments about the company, its products, or its clients.
    • Ensure that all online communications are professional and align with the company's brand values.
    • Act as a brand ambassador, promoting the company positively in online interactions.
• Social Media Policy Clauses:
  • Many companies have detailed social media policies that are incorporated into employment contracts. These policies may:
    • Dictate the tone and content of online posts related to the company.
    • Require employees to disclose their affiliation with the company when posting about related topics.
    • Prohibit the disclosure of confidential company information on social media.
• Public Relations Clauses:
  • These clauses may specifically address how employees interact with the public, including online interactions. They can require employees to:
    • Direct media inquiries to designated company spokespersons.
    • Avoid making unauthorized public statements on behalf of the company.

Clauses Related to Company Logo and Brand Assets:

• Intellectual Property Clauses:
  • These clauses clearly define the company's ownership of its logos, trademarks, and other brand assets. They typically:
    • Restrict employees' use of these assets without explicit authorization.
    • Prohibit employees from creating derivative works based on company assets.
    • Require employees to return or destroy all company assets upon termination of employment.
• Usage Guidelines:
  • Companies often provide employees with detailed guidelines on how to use brand assets. Contracts may require employees to adhere to these guidelines, which can cover:
    • Appropriate use of logos and trademarks.
    • Consistent application of brand colors and fonts.
    • Restrictions on modifying or altering brand assets.

Boundaries for Personal Social Media:

• Off-Duty Conduct Clauses:
  • Some contracts include clauses that regulate employees' off-duty conduct, particularly if it could reflect negatively on the company. These clauses may:
    • Prohibit employees from posting content that could damage the company's reputation.
    • Require employees to exercise discretion when expressing personal opinions online.
    • It is very common now for company's to have social media policy's that extend to personal social media accounts.
• Confidentiality Clauses:
  • Even on personal social media, employees are typically bound by confidentiality agreements that prohibit them from disclosing sensitive company information.
• Disclaimer Requirements:
  • It is becoming more common for company policy to require employees to add disclaimers to their personal social media accounts, when they have heavy involvement in the companies industry, that states that their opinions are there own, and do not reflect the views of the company.

Key Considerations:

• The enforceability of these clauses can vary depending on local laws and regulations.
• Companies must balance their need to protect their brand with employees' rights to free speech.
• Clear and specific contract language is essential to avoid ambiguity and disputes.