Social Media Policy
NLRA §7 — FTC Endorsement Guidelines — CFAA
[Company Name]
[Company Street], [Company City], [State] [Company Zip]
Effective Date: [Policy Date]
1. PURPOSE AND LEGAL FRAMEWORK
1.1 This Social Media Policy (the "Policy") sets out the standards of conduct expected of all employees, contractors, and other individuals engaged by [Company Name] (the "Company") in relation to the use of social media, both in a professional capacity and in a personal capacity where conduct may affect the Company.
1.2 This Policy has been prepared in compliance with applicable federal and state laws, including:
- National Labor Relations Act (NLRA), §7 (29 U.S.C. 157): Employees retain the right to engage in protected concerted activity, including discussing wages, working conditions, and other terms of employment on social media. This Policy does not restrict those rights.
- Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030: Unauthorized access to another person's social media account or computer system is a federal crime.
- FTC Endorsement Guidelines (16 CFR Part 255): Employees who endorse Company products or services on social media must disclose their material connection to the Company.
- Title VII of the Civil Rights Act of 1964: Social media posts that constitute harassment based on race, color, religion, sex, or national origin may create a hostile work environment.
- Stored Communications Act (SCA), 18 U.S.C. 2701: Employers may not access employees' private social media communications without authorization.
- Applicable state off-duty conduct laws and social media privacy laws of the State of [State].
1.3 Nothing in this Policy is intended to interfere with, restrain, or coerce employees in the exercise of their rights under Section 7 of the NLRA.
2. SCOPE
2.1 This Policy applies to all employees, contractors, temporary workers, interns, and any other person engaged by [Company Name] (collectively, "Personnel").
2.2 For the purposes of this Policy, "social media" means any online platform, application, or service that enables users to create, share, or interact with content, including but not limited to: [Platforms Covered].
2.3 This Policy applies to social media use on company equipment, on personal equipment during working hours, and outside of working hours where the conduct affects or has the potential to affect the Company, its employees, clients, or business relationships.
3. PERSONAL USE OF SOCIAL MEDIA DURING WORKING HOURS
3.1 The Company's position on personal social media use during working hours is as follows: personal social media use during working hours is [Personal Use Policy].
3.2 Excessive personal social media use that affects productivity or performance may be addressed through the Company's performance management or disciplinary procedures.
3.3 This restriction does not apply to social media activity that constitutes protected concerted activity under Section 7 of the NLRA.
4. PERSONAL ACCOUNTS — CONDUCT STANDARDS
4.1 When using personal social media accounts, Personnel must comply with the following guidelines:
[Personal Account Guidelines]
4.2 Personnel should be aware that content posted on personal social media accounts can be viewed by a wide audience and may be attributed to the Company. Even where a disclaimer is used, content that is discriminatory, defamatory, or that damages the Company's legitimate business interests may give rise to disciplinary action, provided the activity is not protected under NLRA §7.
5. CONFIDENTIALITY AND TRADE SECRETS
5.1 [Confidentiality Reminder]
5.2 The duty of confidentiality survives the termination of employment and continues to apply after Personnel have left the Company. Disclosure of trade secrets may result in liability under the Defend Trade Secrets Act of 2016 (18 U.S.C. 1836) and applicable state trade secret laws.
5.3 Under the Defend Trade Secrets Act, an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret made in confidence to a government official or an attorney solely for the purpose of reporting or investigating a suspected violation of law.
6. COMPANY SOCIAL MEDIA ACCOUNTS
6.1 Only the following authorized representatives of the Company may post content on official company social media accounts: [Authorized Posters].
6.2 All authorized Personnel posting on company social media accounts must comply with the following guidelines:
[Company Account Guidelines]
6.3 Approval process: [Approval Process]
6.4 Under FTC Endorsement Guidelines (16 CFR Part 255), employees who endorse the Company's products or services on social media must clearly and conspicuously disclose their material connection to the Company.
7. MONITORING
7.1 [Monitoring Statement]
7.2 The Company will not require employees to disclose personal social media usernames, passwords, or account information, in accordance with applicable state social media privacy laws. Many states, including California (Labor Code §980), Illinois (Right to Privacy in the Workplace Act), Maryland (Labor and Employment §3-712), and others, prohibit employers from requesting or requiring employees to provide access to personal social media accounts.
7.3 The Company will not access employees' private social media communications without authorization, in compliance with the Stored Communications Act (18 U.S.C. 2701).
8. DISCRIMINATION AND HARASSMENT
8.1 The Company is committed to maintaining a workplace free from discrimination and harassment. Under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and applicable state anti-discrimination laws for the State of [State], social media posts that constitute harassment based on a protected characteristic may create a hostile work environment and give rise to employer liability.
8.2 Personnel who experience or witness harassment via social media should report it through the Company's harassment complaint procedure.
9. DISCIPLINARY ACTION
9.1 [Disciplinary Consequences]
9.2 The Company will not discipline employees for social media activity that constitutes protected concerted activity under Section 7 of the NLRA. Protected concerted activity includes discussing wages, working conditions, and other terms of employment with coworkers.
9.3 Where a breach of this Policy also constitutes a criminal offense, such as unauthorized access under the CFAA (18 U.S.C. 1030), the Company reserves the right to report the matter to law enforcement.
10. POLICY REVIEW
10.1 This Policy will be reviewed by [Policy Owner] no later than [Review Date], and thereafter at least annually.
10.2 Queries about this Policy should be directed to [Policy Owner].
11. APPROVAL
Policy Owner: [Policy Owner]
Approved By: [Approved By]
Effective Date: [Policy Date]
Next Review Date: [Review Date]
Organization: [Company Name]
This Policy complies with NLRA §7 (29 U.S.C. 157), FTC Endorsement Guidelines (16 CFR Part 255), the Computer Fraud and Abuse Act (18 U.S.C. 1030), the Stored Communications Act (18 U.S.C. 2701), Title VII of the Civil Rights Act of 1964, and applicable state laws of the State of [State].
Approved By / Authorized Signatory
[Approved By]
Signature
Date: ________________
What Is a Social Media Policy?
A Social Media Policy in the United States sets out the rules and standards the organisation expects those it covers to follow.
In the United States, social media policies must address a complex legal environment that balances employer interests with employee rights. The National Labor Relations Act (NLRA), Section 7 (29 U.S.C. 157), guarantees employees the right to engage in protected concerted activity, which includes the right to discuss wages, working conditions, and other terms of employment with coworkers. The National Labor Relations Board (NLRB) has issued extensive guidance on social media policies, including General Counsel Memoranda OM 12-59 and OM 12-31, establishing that policies which could be reasonably construed to chill protected activity violate the NLRA. Employers must include NLRA §7 savings clauses in their social media policies.
The Federal Trade Commission (FTC) Endorsement Guidelines (16 CFR Part 255) require employees who endorse the company's products or services on social media to disclose their material connection to the company. The Computer Fraud and Abuse Act (CFAA, 18 U.S.C. 1030) makes it a federal crime to access another person's computer or account without authorization. The Stored Communications Act (SCA, 18 U.S.C. 2701) protects the privacy of stored electronic communications.
Many states have enacted social media privacy laws that prohibit employers from requiring employees to disclose personal social media passwords or account credentials. Some states also have off-duty conduct laws that protect employees from discipline for lawful off-duty activity, which may include certain social media posts.
When Do You Need a Social Media Policy?
A Social Media Policy is needed by every employer in the United States, regardless of size or industry. Social media use by employees creates significant legal and reputational risks for employers, including the potential for disclosure of trade secrets and confidential information, defamation claims, harassment and discrimination complaints, intellectual property infringement, and FTC enforcement actions.
The policy is particularly important for employers in industries where social media engagement is frequent, including technology, media, marketing, retail, healthcare, financial services, and any employer with a public-facing brand. Employers who authorize employees to post on official company accounts need clear guidelines on content standards, approval processes, and FTC endorsement disclosures.
The policy should be established when the company is formed or when it begins using social media for business purposes. It must be reviewed at least annually and should be updated whenever there is a significant change in applicable law, NLRB guidance, FTC enforcement policy, or the company's use of social media.
Having a written social media policy is also important as evidence in employment litigation. An employer who can demonstrate that it had a clear, lawful policy in place and consistently enforced it is better positioned to defend against claims of discrimination, harassment, or wrongful termination arising from social media-related discipline.
What to Include in Your Social Media Policy
A complete Social Media Policy must address several essential elements to comply with federal and state requirements and protect both the employer and employees.
The legal framework section should identify the applicable laws, including NLRA §7, FTC Endorsement Guidelines, the CFAA, the SCA, Title VII, and applicable state social media privacy and off-duty conduct laws. A critical element is the NLRA §7 savings clause, which explicitly states that the policy does not restrict employees' rights to engage in protected concerted activity.
The scope section should identify all persons covered and define social media broadly to capture current and future platforms. The personal use section should state the employer's position on social media use during work hours while preserving NLRA §7 rights.
Personal account guidelines should set conduct standards without overreaching into protected activity. Confidentiality provisions should reference the Defend Trade Secrets Act of 2016 (18 U.S.C. 1836) and include the statutory whistleblower immunity notice required by that Act.
Company account guidelines should identify authorized posters, establish an approval process, and require FTC endorsement disclosures. Monitoring provisions should comply with the Electronic Communications Privacy Act (ECPA), the SCA, and state social media privacy laws.
Anti-discrimination and anti-harassment provisions should reference Title VII, the ADA, the ADEA, and applicable state laws. Disciplinary consequences should be clearly stated, with an express exclusion for protected concerted activity. The policy review schedule, policy owner, and approval authority should be identified.
Sources & Citations
Statutory citations link to official government sources.
- 29 U.S.C. 157US – Cornell LII
- 18 U.S.C. 1030US – Cornell LII
- 18 U.S.C. 2701US – Cornell LII
- 18 U.S.C. 1836US – Cornell LII
- Defend Trade Secrets Act of 2016US – Cornell LII
- ADAUS – Cornell LII
- ADEAUS – Cornell LII
- Title VIIUS – Cornell LII
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Social Media Policy (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/business/policies/social-media-policy
"Social Media Policy (United States)." Forms Legal, 2026, https://forms-legal.com/usa/business/policies/social-media-policy.
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author = {{Forms Legal}},
title = {Social Media Policy (United States)},
year = {2026},
howpublished = {\url{https://forms-legal.com/usa/business/policies/social-media-policy}},
note = {Free legal document template. Based on Uniform Commercial Code (UCC)}
}Also available for these jurisdictions:
Frequently Asked Questions
A Social Media Policy sets out an organization's rules and expectations on a specific subject so that employees, customers, or users know what is required of them and what they can expect in return. A written Social Media Policy gives a business a consistent standard to apply, which supports fair treatment and creates a record the business can rely on if a dispute or investigation arises. Many policies also address legal compliance: workplace policies intersect with Title VII, the Americans with Disabilities Act, and the Fair Labor Standards Act, while privacy and data policies engage laws such as the California Consumer Privacy Act (CCPA). A clearly written Social Media Policy should state its scope, who it applies to, the rules themselves, and how the organization will handle violations. Distributing the Social Media Policy and obtaining acknowledgment from those it covers makes it more effective, because a policy that is never communicated offers little protection.
A Social Media Policy is enforceable to the extent it does not conflict with federal, state, or local law and has been properly communicated to the people it governs. A workplace Social Media Policy generally does not override the at-will employment presumption unless it promises specific terms, and employers often include language confirming the policy is not a contract. For consumer-facing policies, enforceability depends on adequate notice and, for online terms, the user's manifestation of assent, which courts examine closely. A Social Media Policy cannot require conduct that the law prohibits or waive rights that statutes protect, and provisions that do so are unenforceable even if signed. To strengthen a Social Media Policy, the organization should keep it consistent with current law, apply it uniformly, document distribution and acknowledgment, and update it when the underlying regulations change, because selective or outdated enforcement undermines its legal value.
A Social Media Policy should be reviewed at least annually and whenever the law, the business, or the relevant risks change, because an outdated policy can mislead the people it governs and expose the organization to liability. Employment policies may need revision when federal or state rules change, such as updates to leave laws, wage-and-hour requirements, or anti-harassment standards under Title VII. Privacy and data policies should track evolving requirements like the California Consumer Privacy Act (CCPA) and other state privacy statutes that continue to take effect. When the organization revises a Social Media Policy, it should date the new version, communicate the change to those affected, and obtain fresh acknowledgment where appropriate. Keeping prior versions on file shows what rule applied at a given time, which matters if a dispute concerns conduct that occurred under an earlier version of the Social Media Policy.
A Social Media Policy is legally binding in the United States once the parties capable of contracting sign it with the intent to be bound under Uniform Commercial Code (UCC). American contract law, drawn from the Restatement (Second) of Contracts and each state's common law, recognizes a Social Media Policy as enforceable when it shows offer, acceptance, consideration, and reasonably definite terms. Courts in the state whose law governs the agreement will hold the parties to its written terms unless a party proves fraud, duress, mistake, unconscionability, or that the subject matter is illegal. A signed Social Media Policy carries more evidentiary weight than an oral understanding because the writing fixes what each party promised and reduces later disputes over who agreed to what. To strengthen enforceability, the parties should each keep an original signed copy, date their signatures, and complete every blank rather than leaving terms open to interpretation by a judge.
A Social Media Policy is governed primarily by the law of the state where it is signed or where the parties agree it will apply, and the rules differ from one state to another. While the core contract principles — offer, acceptance, consideration, and capacity — are consistent nationwide, states set their own requirements on matters such as witnessing, notarization, recording, limitation periods, and mandatory disclosures. A Social Media Policy valid in one state may need extra formalities to be effective in another, which matters when the parties live in different states or the subject of the agreement is located elsewhere. Including a governing-law clause that names a single state reduces uncertainty about which rules apply if a dispute arises. The parties should confirm the requirements of the state whose law controls the Social Media Policy before signing, because following the wrong state's formalities can leave the document unenforceable or vulnerable to challenge.
A Social Media Policy does not require a lawyer in most routine situations, and many individuals and small businesses prepare one using a clear written template that covers the standard terms. American law does not condition the validity of a Social Media Policy on attorney involvement; what matters is that the parties understand the terms and sign voluntarily. Legal review becomes worthwhile when the amounts at stake are large, the relationship is complex, the parties are in different states, or the agreement involves unusual conditions, tax consequences, or rights that are difficult to reverse. An attorney can confirm the document complies with the governing state's law and tailor clauses such as indemnification, dispute resolution, and termination. For straightforward matters, a carefully completed Social Media Policy from forms-legal.com gives the parties a solid written record; consulting a licensed attorney remains the safer path whenever the consequences of a mistake would be costly or hard to undo.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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