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PLAYBOOK TEMPLATES

Influencer Brand Ambassador Agreement

An Influencer & Brand Ambassador Agreement governs promotional collaborations between brands and individuals. This playbook focuses on content ownership, disclosure obligations, and performance expectations.

Confidentiality & Data Protection

Why This Matters: Data breaches or misuse of confidential information expose parties to regulatory penalties, litigation and reputational harm.

Negotiation strategy

If you're the Company:

Ensure that all data protection clauses are aligned with the latest regulatory requirements and include specific measures for data security. Negotiate for clear breach notification timelines and responsibilities.

If you're the Influencer/ Ambassador:

Advocate for reasonable data protection obligations that align with your existing compliance frameworks. Seek to limit liability for data breaches to direct damages only.

Essential elements

1

Confidentiality Obligations

Defines scope and exceptions.
2

Data Protection Compliance

Mandates adherence to laws.
3

Permitted Data Use

Restricts use to specified purposes.

Action framework

ACCEPT

Propose edits if clauses lack specific security measures or breach notification procedures.

EDIT

Reject if clauses do not comply with major privacy laws like GDPR or CCPA.

ADD

Add clauses if data protection provisions are missing or inadequate.

PRO TIP

Always ensure that data protection clauses are reviewed by a legal expert familiar with the latest privacy regulations.

Example clauses

FAVORABLE

Robust Confidentiality Clause

"Each party agrees to maintain the confidentiality of all proprietary information disclosed by the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure."
NEUTRAL

Standard Data Protection Clause

"Both parties shall comply with all applicable data protection laws and regulations in relation to the processing of personal data under this Agreement."
UNFAVORABLE

Weak Data Security Measures

"The parties agree to use reasonable efforts to protect data, without specifying any particular security measures."

Fallbacks

High-Risk Projects

In high-risk projects, ensure that data protection clauses include enhanced security measures and detailed breach response plans.

Cross-Border Data Transfers

For international agreements, include clauses addressing lawful data transfer mechanisms like SCCs or BCRs.

Data-Intensive Services

For services involving large volumes of data, ensure clauses specify data minimization and retention policies.
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