10. Comply with Third-Party Website and Application Requirements

Using third-party services such as social media and collaboration platforms is now a common business practice and helps to create a more robust, user-friendly, and interactive online experience. Agencies may use a third-party website or application at their discretion so long as the agencies comply with all relevant Federal laws and policies.

A. Agency use of third-party websites and applications must have an intended purpose directly related to an agency function that supports its mission.

B. To help confirm the validity of official U.S. Government digital platforms, within 60 days of the publication date of this Memorandum, agencies must register their public-facing digital services such as social media, collaboration accounts, mobile apps and mobile websites, with the U.S. Digital Registry at: ]http://www.digitalgov.gov/services/u-s-digital-registry/.](http://www.digitalgov.gov/services/u-s-digital-registry/.)

C. Agency use of third-party websites and applications must comply with all relevant privacy protection requirements and a careful analysis of privacy implications as specified in OMB Memorandum M-10-23, Guidance for Agency Use of Third-Party Websites. 24

D. When choosing which third-party websites and applications to adopt, agencies must review the set of terms and conditions that governs access to and use of such products and services and be aware of terms of service that are incompatible with Federal law or regulations. A list of tools with federal-compatible Terms of Service agreements can be found at: http://www.digitalgov.gov/resources/negotiated-terms-of-service-agreements/.

E. Federal Acquisition Regulation Clause 48 CFR 52.212-4(u) and OMB Memorandum M-13-10, Antideficiency Act Implications of Certain Online Terms of Service Agreements, provides additional guidance for addressing terms of service and user agreements. 25


Footnotes

24: https://www.whitehouse.gov/sites/default/files/omb/assets/memoranda_2010/m10-23.pdf

25: http://www.whitehouse.gov/sites/default/files/omb/memoranda/2013/m-13-10.pdf