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Social Media Marketing Compliance

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  • 1. Social media Thursday 04 March 2010
  • 2. Social media Legal and business challenges informing a social media policy Thursday 04 March 2010
  • 3. “A powerful global conversation has begun. Through the Internet, people are discovering and inventing new ways to share relevant knowledge with blinding speed. As a direct result, markets are getting smarter—and getting smarter faster than most companies.” The Cluetrain Manifesto (2000) @ cluetrain.com Thursday 04 March 2010
  • 4. The Web has changed Thursday 04 March 2010
  • 5. Its about being social ... Thursday 04 March 2010
  • 6. ... i nt he dig ital a g e. .. Thursday 04 March 2010
  • 7. ... and increasingly in realtime. Thursday 04 March 2010
  • 8. The social Web is not just about being shiny happy people ... Thursday 04 March 2010
  • 9. Your clients are having conversations about you and the things that should matter to you Are you even part of that conversation? Thursday 04 March 2010
  • 10. customers have new tools and a longer reach Thursday 04 March 2010
  • 11. customers have new tools and a longer reach Thursday 04 March 2010
  • 12. Thursday 04 March 2010
  • 13. ... and so on ... the network effect in social media Thursday 04 March 2010
  • 14. Thursday 04 March 2010
  • 15. Thursday 04 March 2010
  • 16. Google joins the social Web in a big way Thursday 04 March 2010
  • 17. Thursday 04 March 2010
  • 18. You suck! ?! Thursday 04 March 2010
  • 19. Social media = expression Thursday 04 March 2010
  • 20. Thursday 04 March 2010
  • 21. Freedom of expression can be liberating Thursday 04 March 2010
  • 22. Do you have control over the conversation? Thursday 04 March 2010
  • 23. 09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0 http://bit.ly/diggcodestory Thursday 04 March 2010
  • 24. Thursday 04 March 2010
  • 25. Thursday 04 March 2010
  • 26. Getting the community involved Thursday 04 March 2010
  • 27. ... it can be a gamble ... Thursday 04 March 2010
  • 28. Are your employees using ... Thursday 04 March 2010
  • 29. Are your employees using ... Thursday 04 March 2010
  • 30. You have to understand social media Sensitive information being disclosed? Thursday 04 March 2010
  • 31. New(ish) buzzwords brandsquatting Cybersquatting (domain names) typosquatting Thursday 04 March 2010
  • 32. Manage your content licensing process Thursday 04 March 2010
  • 33. The problem is that © ≠ sharing Thursday 04 March 2010
  • 34. There are a couple options Thursday 04 March 2010
  • 35. Thursday 04 March 2010
  • 36. Thursday 04 March 2010
  • 37. Thursday 04 March 2010
  • 38. Thursday 04 March 2010
  • 39. Thursday 04 March 2010
  • 40. Existing law • Bill of Rights (Chapter 32) • Consumer Protection Act • PAIA • ECT Act • RICA Thursday 04 March 2010
  • 41. “POPIA” Thursday 04 March 2010
  • 42. Informed consent! Thursday 04 March 2010
  • 43. Categories of “personal information” Ordinary personal information versus special personal information. Thursday 04 March 2010
  • 44. Data Protection • Ensure the personal information collected is “complete, not misleading, up to date and accurate”; • Secure integrity of personal information against risk of loss or damage; • Protect against unlawful or unauthorised access or processing; • Identify reasonably foreseeable internal and external risks; • Generally accepted infosec practices and procedures * Principle 6: draft POPIA Thursday 04 March 2010
  • 45. Privacy policy Thursday 04 March 2010
  • 46. Thursday 04 March 2010
  • 47. When employees go astray Thursday 04 March 2010
  • 48. Building on your success ... Thursday 04 March 2010
  • 49. or building their own platforms with your tools Thursday 04 March 2010
  • 50. Potential impact? Thursday 04 March 2010
  • 51. Harness their passion Thursday 04 March 2010
  • 52. Stay in the loop Thursday 04 March 2010
  • 53. Remember its all about relationships Thursday 04 March 2010
  • 54. Build better legal frameworks Thursday 04 March 2010
  • 55. Terms of use Don’t forget details like jurisdiction, choice of law and ECT Act compliance webtechlaw.com/anatomy- website-terms-use Thursday 04 March 2010
  • 56. Ongoing review to ensure terms address new developments Thursday 04 March 2010
  • 57. Social media policy: framework and structure? Thursday 04 March 2010
  • 58. Why? Thursday 04 March 2010
  • 59. You can’t afford to shy away from the social Web anymore Thursday 04 March 2010
  • 60. The little people are having a profound impact Thursday 04 March 2010
  • 61. Thursday 04 March 2010
  • 62. Wide range of tools and services Thursday 04 March 2010
  • 63. Perspective Thursday 04 March 2010
  • 64. Give your people direction Thursday 04 March 2010
  • 65. Case study Thursday 04 March 2010
  • 66. The Coca-Cola Company Thursday 04 March 2010
  • 67. Suggestions ... Thursday 04 March 2010
  • 68. Principles or guidelines Thursday 04 March 2010
  • 69. Issue escalation How is policy governance handled? What are the communication channels? Where do you look for guidance? Thursday 04 March 2010
  • 70. Keep it simple Thursday 04 March 2010
  • 71. Consider all roles Thursday 04 March 2010
  • 72. Co-ordinated approach Thursday 04 March 2010
  • 73. http:// www.saidwot.com/ what-we-say/ Thursday 04 March 2010
  • 74. Paul Jacobson Web and digital media lawyer paulj@jacobson.co.za webtechlaw.com facebook.webtechlaw.com @webtechlaw.com Thursday 04 March 2010

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