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Balancing Marketing and the Law
As a lawyer and marketer, I know that the conflict between law and marketing is not new. Although many legal and marketing professionals see these as competing interests, I argue that an appropriate balance is what will create value for the consumer within the bounds of the law.
Digital Marketing Law has not caught up
There are many legal considerations digital marketers must consider. The problem is that the law has not caught up with the current digital marketing environment, so just imagine the state of the law for emerging technologies and smart digital marketing. The law has not generally been designed for a smarter digital world although applies to it.
Digital Marketing Law Considerations
An organization conducting digital marketing must consider advertising rules, marketing to children, privacy policies and disclaimers. And this is just a start. Protecting consumer information is also important. Some questions to ponder include:
Who will read, review or come across digital marketing communications?
Will these span across legal jurisdictions i.e. different states, provinces, countries or regions?
Are there any terms, conditions, disclaimers necessary?
Smart Environment Digital Marketing Law
Smart environments are cropping up everywhere, yet it becomes difficult to navigate the web of existing laws that purportedly also apply to these smart environments. As I mentioned in my virtual talk for the IEEE International Symposium on Digital Privacy and Social Media, smart environments and social media raise a number of legal and privacy issues. Some key things to think about are:
Are we representing our products and services accurately in smart settings?
Do we have necessary contracts in place?
Have we supplied relevant and up to date disclaimers and notices?
What privacy disclosures, policies, or related information must we provide?
Have we obtained relevant consent and/or provided choice?