Top 10 Privacy Considerations for Digital Marketing Campaigns

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In today’s competitive marketplace, companies are relying heavily on innovative and edgy digital marketing campaigns to promote their products and services that often include the submission of usergenerated content, viral marketing, the brand’s website, a mobile application and other social media and social networking elements. However, the tech-savvy marketing professionals that are entrusted to implement these programs are often unaware of the complex legal overlay of the digital world and the potential significant financial repercussions for their company’s failure to comply with applicable privacy laws. Failure to understand and follow these legal requirements can potentially lead to expensive litigation or government enforcement actions and negative publicity that can harm a brand. Further, the advancement of technology allows for messaging to be behaviorally targeted, which may not be well received and might be deemed creepy by consumers, even if such profiling and targeting is currently legal in the U.S. In working closely with our clients from concept through execution of a digital marketing campaign, these are the ‘‘top 10’’ privacy questions that marketers and their lawyers should be asking before launching a digital marketing campaign that collects information from consumers.

1. Have you posted an appropriate privacy policy? Not posting a privacy policy on a website, mobile application, Facebook application or any other online service that collects personally identifiable information (e.g., first and last name, address, e-mail address, etc.) from a consumer not only violates Federal Trade Commission (FTC) guidance, but is also a violation of California’s Online Privacy Protection Act of 2003 (CalOPPA). Companies that collect personally identifiable information from California residents through any online service for commercial purposes, even if they are not themselves in California, must conspicuously post a privacy policy that informs individuals of this collection, including...

Originally published in Privacy & Security Law Report, 13 PVLR 994, 06/09/2014.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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