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To Avoid Claims, Assess Privacy Impacts of Marketing And CRM
Companies are increasingly relying on innovative and edgy digital marketing campaigns to promote their products and services. Campaigns often include user-generated content, viral marketing, the brand's website, a mobile application, and other social media and social networking elements. Companies are also looking to harness data through loyalty programs and consumer tracking to better understand, serve and reach their customers.
Big data and the interactivity of digital marketing are powerful tools for marketers, but consumer data protection laws have evolved in recent years, resulting in new and heightened compliance and risk management issues that need to be addressed when executing advanced advertising campaigns and consumer relationship management (CRM) programs. This can be done effectively if a company develops a privacy-by-design compliance culture that implements a process of conducting impact assessments before launching new products, services, campaigns or programs that could have an effect on consumer privacy or data protection. Such assessments can also incorporate analysis of traditional consumer protection impacts, such as compliance with advertising and sales laws, and analysis of intellectual property impacts (both third-party infringement risks and protection of company IP). This will help legal and compliance personnel gather the relevant information from product and marketing teams to assess legal impacts during the development process so that products and sales and marketing can be designed in a manner that minimizes potential liability, while also achieving business goals.
As a starting point for counsel to assess the privacy impacts of their companies' marketing and sales activities, see the list below, which poses questions you should be asking. When you read the answers to the questions below, you will get guidance on the issues to help inform your diligence and counsel.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?