Restrictive Covenant Clauses
(Social Media)

Summary

This template is a group of restrictive covenant clauses (social media) for use by employers to address social media issues in non-competition agreements and non-solicitation agreements. This template includes practical guidance, drafting notes, and alternate clauses. These clauses are intended for private employers. They are based on federal law and do not address all potential state law distinctions; thus, you should check any relevant state and local laws. These clauses require the employees to return social media information to employers. They are intended as a general drafting aid and will require modification according to the particular circumstances and the intentions of the parties. For a full listing of key content covering social media in the workplace, see Social Media in the Workplace Resource Kit. For a full listing of key content covering restrictive covenant considerations, see Restrictive Covenants Resource Kit. For information on employment issues related to social media, see Social Media Policies: Key Drafting Tips, Social Media in Restrictive Covenants, Social Media Issues in Employment: Counseling Employers on Key Social Media Issues, Employment Law Issues in Social Media, and Social Media Information Regarding Job Applicants and Employees: Key Considerations. For additional social media policy templates, see Social Media Policy, Social Media Policy Acknowledgment, Social Media Privacy Policy (Short Form), and Social Media Public Discourse Policy (With Guidelines). For state-specific practice notes and templates concerning privacy, see Non-competes and Trade Secret Protection State Practice Notes Chart, Non-competes and Trade Secret Protection State Expert Forms Chart, Employee Privacy State Practice Notes Chart, and Privacy, Technology, and Social Media State Expert Forms Chart. For state-specific information on employer access to employee social media, see Social Media: Employer Access to Employees' Accounts State Law Survey.