WHAT IS DIGITAL MARKETING?
For those who are not familiar, digital marketing refers to any marketing methods conducted through electronic devices which utilize some form of a computer. This includes online marketing efforts conducted on the internet. In the process of conducting digital marketing, a business might leverage websites, search engines, blogs, social media, video, email and similar channels to reach customers.
Unlike traditional marketing—which is static and often referred to as “one-way” communication—digital marketing is an ever-changing, dynamic process. Stated otherwise, customers cannot interact with business through a billboard or print ad, whereas digital marketing provides an avenue for two-way communication between a business and its actual or prospective customers.
Needless to say, contemporary trends and development of new technologies are slowly rendering traditional marketing entirely obsolete. Companies are always on the lookout for skilled marketing professionals who can tap into the unlimited potential that the internet holds for commercial entities. That being said, there are certain legal issues that are commonly associated with digital marketing. It is important to take note these while engaging in marketing practices in the cyberspace which could otherwise lead to consequences for the concerned entity.
Int this article, Team YLCC gives you a detailed insight into the key legal issues that concern digital marketing. Read on!
- INTELLECTUAL PROPERTY ISSUES
Digital marketers often use several advertising elements, including copyright materials such as photographs, artwork, music, and video footages. If you intend to do this, ensure that you seek the due permission from the original creator and/or obtain a legitimate license. Most digital marketers take random images from Google searches for their branding. However, most are oblivious to the fact that Google images are not free to use.
The same applies to video clips and music. If you include any type of media in your advertisements or any other brand-related content, ensure that you get the requisite consent. It is important to note here that modifying other people’s content (such as adding a filter, cutting a video, changing the text) does insulate you from copyright infringement.
In order to avoid legal consequences, note the following:
- Try to use only original multimedia content for marketing purposes
- If you are borrowing content from somewhere, read the license details carefully prior to publication
- Refrain from using photos with recognisable trademarks, landmark, logo or people
- Purchase and use licensed photos wherever applicable
- If content is not original, always prefer using Creative Commons (CC) material that are free to use
- Cultivate the habit of asking for permission from content creators
Furthermore, if you as a brand are engaging with any third-parties for creating marketing content, it is important to ensure that they submit plagiarism-free content otherwise you may be held vicariously liable. A detailed anti-plagiarism clause can be included in the course with such a service provider before work can commence.
- CONSUMER PROTECTION-RELATED ISSUES
India has a robust Consumer law framework in the form of Consumer Protection Act, 2019 which applies to various players and entities including:
consumers, product manufacturers product sellers, product service providers, traders, advertising agencies, endorsers, and e-commerce market players such as e-commerce entities, e-commerce sellers.
It is therefore of paramount importance that all digital marketing practices pursued by an entity is compliant with this statute. In its current form, the law requires that digital marketers use accurate marketing messages and advertisements that does not mislead customers or affect consumer behaviour in an adverse manner. Misleading advertisements usually include:
- False claims about products and services; for instance, selling products that are different in size, weight, or colour than what’s advertised.
- Using photos from other brands to make your product or services more appealing
- Misrepresenting product prices or selling above MRP
- False claims about origin and quality of products
- Including hidden fees that are not specified prima facie
- Providing false environmental claims, such as labelling them biodegradable or environmentally friendly
- Providing false biological claims such an energy drink curing sickness
- Not providing important information, such as how long the product can last
In general, companies must approach the activity of digital marketing in good faith without any malafide intention or inclination towards unfair trade practices.
- PRIVACY RELATED ISSUES
According to recent judgements by the Supreme Court of India, the status of the ‘right to privacy’ has changed from a legal right to a Constitutional right embedded in Article 21 of the Indian Constitution.
While it may seem basic, sending marketing emails and messages requires that you collect personal information about your customers and prospects. Collecting this information is quite complicated, especially if you want to collect them while complying with the law. For instance, most jurisdictions globally require digital marketers to inform people before collecting their personal information, including previous customers.
The most effective way of complying with privacy policy laws on your website is asking customers to agree to data collection using a clickwrap method. Clickwrap method is where customers or website visitors have to click agree to your privacy policies. They can do so when signing up for your marketing messages or when making purchases.
Furthermore, the Terms and Conditions of your digital marketing business must include:
- the scope of the work you are providing, including marketing strategies, goals and plans;
- deliverables and timelines;
- payment schedules and fees;
- restraint of trade with other parties to avoid a conflict of interest;
- confidentiality of information shared;
- dispute resolution processes;
- and limitations to your legal responsibility.
While at it, you must reassure customers about the safety of their personal information collected. You can build trust from your customers by informing them how collected information will be stored. The best way to protect customer data is by using secure mechanisms, such as Secure Sockets Layer or popularly known as an SSL Certificate. Another legal issue is the storage of customer data. Most online businesses and digital marketers use cloud storage service providers to keep their customer data. Whether your online page collects personal data or not, ensure that you include a privacy policy to avoid potential litigation. Ideally, ensure that you consult an attorney to draft your privacy policy that suits the nature of your digital marketing business.
In conclusion, it may be reiterated that marketing is undoubtedly very beneficial for every business, as it consolidates relationships with customers and helps acquire new clients. However, as a digital marketer, it is important to understand several legal issues before getting in touch with your clients and potential customers. Just like other traditional marketing methods, digital marketers should operate within pre-defined legal precincts.
YLCC would like to thank the Content Team for their valuable insights in this article.
