Legal issues in marketing : There are several key legal issues relating to Marketing, you should know about before you start contacting customers or potential customers.The three primary legal areas you need to consider are privacy and data collection, intellectual property issues, and rules and regulations of the FTC and other consumer assurance bodies.
3 Key Legal Issues in Marketing
1. Privacy and Data Collection
2. Intellectual Property Issues
1. Privacy and Data Collection: It may appear to be oversimplified to point out that before you can send marketing emails or messages, you have to collect the contact information of your customers or potential customers. Yet, the actual process of collecting the information is far more complex than it seems, particularly if you’re trying to collect it in a legally compliant manner.
Most jurisdictions around the world have privacy legislation in place that requires you to advise individuals before you collect their personal information. This includes someone who is already a customer, despite the fact that the UK has some somewhat more lenient laws for individuals who have as of now acquired something from you.
In the US, there is no larger security law that applies to the accumulation of information, But California has a bit of enactment that covers online security – the California Online Privacy Protection Act (OPPA). It requires that you have to disclose:
The sorts of information your website or online marketing gather
How the data may be shared :The procedure your clients or customers can take after to review and change the information you have about them
In the event that you have an online store or in case you’re advertising to individuals 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.
2. Intellectual Property Issues : The 2nd legal issue to consider as a marketer is intellectual property. 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.
Main types of intellectual property protection
Trademark :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.
Registering a trademark gives you the exclusive right to use a specific word or words, name, design, or logo in connection with specific goods or services. It is valid for 10 years and is renewable if certain requirements are met.
Copyright: If you use original marketing language on your website or text in emails, you may want to copyright that text. Copyright relates to authorship of original works, including literary, dramatic, musical, artistic, architectural, and a broad range of other works.
If you work with any third parties who write your marketing copy or text for you, ensure that their work is checked for plagiarism. You don’t want to infringe on someone else’s copyrighted work when sending out your emails or newsletters.
The FTC requires that advertisements and marketing messages should not mislead consumers or unfairly affect consumers’ behavior or decisions about the product or services. 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.
Be careful with any comparative advertising or marketing. If you don’t compare products fairly and transparently, you may be breaching advertising standards. Check the wording of your marketing messages carefully and ensure that someone outside of your marketing team (such as someone from your legal team) has a quick look at what your message is saying. A fresh pair of eyes may notice claims that aren’t quite true or descriptions that overemphasize a product’s abilities.
Other regulators on the advertising front that you may need to keep in mind are theAdvertising Self-Regulatory Council, which governs the National Advertising Review Board and the Children’s Advertising Review Unit (CARU). If any of your marketing is targeted at children, ensure that you are fully aware of CARU’s guidelines.