How to Legal Issues of Digital Marketing?
The digital marketing industry is growing rapidly, but many advertisers are uncertain about best legal practices in this area says William D King. This article discusses some of the legal issues concerning digital marketing and examines how those issues have been addressed by the Federal Trade Commission (FTC).
Digital marketers, as data-driven marketers, should pay attention to web analytics because it is a crucial part of building a successful online business. According to Google Analytics, there are more than 1 million websites that use Google’s service. One factor that has spurred this exponential growth is the rise in mobile traffic. In fact, according to Statista, mobile devices account for 53 percent of total web traffic in 2017 — a figure that’s expected to jump even further by 2020.
At present, there are at least three major points of concern for companies operating within this constantly changing industry: consumer privacy; transparency; and the potential for legal repercussions.
More than one-third of internet users use at least one ad blocker, meaning consumer privacy is top of mind for many advertisements. While digital marketers may be tempted to skirt around their customers’ concerns, advertisers should instead adhere to users’ rights under U.S. law by complying with requirements outlined in Section 5 of the Federal Trade Commission Act (FTC Act).
For instance, the FTC has ruled that failure to secure personal information adequately can tank an enterprise’s entire reputation — not just its online presence. The FTC also holds companies accountable for protecting customer data against cyber-attacks so long as they are aware of potential vulnerabilities. Digital marketers should ensure they have a clear breach response plan in place and technology which allows for real-time data protection.
The second major issue — transparency — is closely intertwine with ad blockers. As many consumers use these technologies to combat “unwanted” ads. In fact, the Interactive Advertising Bureau (IAB) found. That ad blocking increased by 34 percent globally from 2015 to 2016 alone.
For digital marketers who believe their advertisements are falling victim to such tools. It is important to keep in mind that any content develop must be clearly label as advertisement or sponsored content. According to Section 5 of the FTC Act. Marketers should also provide “clear and conspicuous” disclaimers about how they obtain personal information within this context. So customers know exactly how their information will be use says William D King.
The third major issue is the potential for legal ramifications. The FTC enforces a wide range of laws, including prohibitions against wiretapping and other electronic eavesdropping. Digital marketers should take care to follow proper consent guidelines when collecting or using customer data. One way to do this is through “notice-and-choice”. Giving customers notice about what personal information they are collecting from them. And providing an easy way for those individuals to opt out.
Digital marketers who wish to avoid running afoul. The FTC should consult with their legal counsel or contact an agency like Legal Match.
Companies can begin creating compliant advertisements by following these simple steps:
1) Clearly label all content as ad;
2) Provide a disclaimer about how your company obtains consumer information; and
3) Follow proper consent guidelines.
On the other hand, Google does not violate the law by allowing third-party developers to access its users’ private data. Without consent or proper disclosure, according to a court ruling on Thursday. The ruling states that Google is allow to track app activity of Android users. Even though they have opt out of being track through their phone settings.
It was rule that customers do not have standing before it can be claim. That they were deceive into sharing personal information with advertisers. As customers are aware that some apps will use their information for targeted ads. Even if they don’t intend on downloading those apps in the first place says William D King.
In conclusion, the use of Ad blockers is a growing problem for digital marketers. And websites trying to get users to click on their advertisements. Our practices of collecting data from users may also be against the law. Which makes it even harder for companies to keep their digital assets compliant.