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Here’s an update, so can continue to keep your marketing on the right side of the law. Take a look at this example from Google that lists the protection mechanisms they have in place: One simple way to protect customer privacy when you collect information is to use security mechanisms such as SSL. First, you want to protect your own intellectual property, such as trademarks and copyright. Second, you want to ensure that you don’t infringe on the intellectual property of others. The easiest way to do this is to have your lawyer check whether your proposed mark is similar to any other marks. In the early days of existence of corporations, especially during 1940s and 1950s, tobacco was advertised as a substance that promotes health. We're covering social media legal issues that influencers and bloggers need to keep on their radar to protect the online brand they've worked so hard to create. If you use original marketing language on your website or text in emails, you may want to copyright that text. A couple of years back, I wrote a post called “the essential guide to minimizing legal risks in social media marketing.” Since then, some fundamental legal principles have stayed the same, but new issues have emerged as technology develops. If you use a cloud storage provider, you need to ensure that your Privacy Policy and/or your website Terms of Use cover the situation in which a cloud storage provider has a privacy breach and your customer data is released. One of our partners, Osborne Clarke helps US-based companies looking to expand internationally, and has created a Top 10 list of issues to consider before expanding. There are many legal issues to consider when expanding globally – creating new entities, tax implications, employee hiring, etc. However, there are several key legal issues you need to be aware of before you start contacting customers or potential customers. I'm determined to make a business grow. My only question is, will it be yours? However, it has created ethical dilemmas for businesses who need to balance new technology and advertising methods with legal and privacy concerns. Using popular music without permission In decision making, determining the legality of a course of action is facilitated by the existence of statutes, regulations, and codes. Check out our list of legal requirementsfor different advertising activities. There may be local requirements such as permits, depending on the type of advertising you use. Ethical Issues in Marketing. Monique Goodyer works as a marketing specialist at Monaco Compensation Lawyers, one of Australia’s compensation law firms. Brexit and the U.S. presidential election aside, to say 2016 was one of the most tumultuous and … Ethical problems in marketing stem from conflicts and disagreements. If you continue browsing the site, you agree to the use of cookies on this website. 1. Let's have an one-on-one conversation Companies such as Harvey Norman and Spec Savers have all been found liable for misleading claims in the past. Stereotyping in marketing can leave people feeling insecure about themselves or a specific classification or minority group with which they are labeled. Well, that is not the truth! If you are sending out marketing emails or contacting people with flyers or advertisements, the first thing you will need to protect is your brand or logo. But with the growth of these tools come other issues to consider -- such as the legal ramifications of using outlets like Twitter, Facebook and LinkedIn within a healthcare setting. Whatever is written and published online today will likely be there tomorrow and possibly be recoverable forever. Legal Issues in Marketing When we discuss legal issues in marketing, it becomes very important to understand that for many issues in the marketing arena there are no readily available solutions emerging from the legal domain although there is a general mandate to exist within the legal framework. SSL means that the connection between your website and the user’s browser is secure when data is transmitted. Violence is also an important ethical issue in advertising, especially where children should not be affected by the content. What website should we analyze? Give Consumers a Choice For most businesses, mobile marketing should always be a choice for the consumers. There are many ways to “stick your toe in the water” when starting to do business internationally. You don’t want to infringe on someone else’s copyrighted work when sending out your emails or newsletters. The simplest way is to export your products directly to customers. References Used for Ethical Issues in Marketing Research. If you don’t compare products fairly and transparently, you may be breaching advertising standards. Businesses who use ethical pricing strategies to sell their products and earn a profit are far more respected than those that hurt and defraud competitors or even consumers. FTC violations. It requires that you need to disclose: If you have an online store or if you’re marketing to people online in the US, you’re quite likely to have customers or potential customers in California, so you should take care to comply with this law. Optimized for your mobile phone. Fundamentals That Keep Your Medical Provider Marketing in the Safe Zone. FTC violations for not disclosing when you are compensated for providing an opinion — e.g., sending free stuff to an influencer. First in a Series: Ethical and professional advertising messages steer physician and healthcare provider advertising away from legal problems. Misidentification of problems - many companies do not grow simply because they employ bad strategies that are borderline not following proper legal ethics. FTC violations for not disclosing when you are compensated for providing an opinion — e.g., sending free stuff to an influencer. Let’s take a look at the main types of intellectual property protection you may need. Unfair or deceptive advertising is prohibited, which means that any marketing must tell the truth and not leave out any relevant information that a consumer would be interested in. They may also search international registers or registers in other jurisdictions, depending on how broadly you plan to market using your mark. If you want my team to just do your marketing for you, Three Key Legal Issues Online Marketers Need to Know About, You're moments away from growing your traffic, We want to create a plan that works within your budget, We want to create that works for you business size, search the US Trademark Database yourself, great guide that provides a checklist and guidelines, The kinds of information your website or online marketing tactics collect, The process your customers can follow to review and change the information you have about them, Your policy’s effective date and a description of any changes since then, Require your customers or website users to agree to it when you collect information from them, Once you’ve collected the data, keep it with a reputable cloud storage provider, Protect yourself from liability in the case of data loss, Check that your proposed branding is not infringing on anyone else’s, Get your intellectual property registered, Set out your intellectual property use expectations clearly in your Terms of Service, Don’t use false or misleading header information, Tell recipients how to opt-out of receiving future email from you, Monitor what others are doing on your behalf, Be aware of what regulations and laws the FTC and other regulators cover, Educate yourself on what you need to do to comply, If you get into hot water with any regulator, work with them to solve the problem. 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