The Basics: It’s Not “Complicated”1. The Law is the Law2. Transparency and Truthfulness3. Know Your Regulator(s) and Their Rules4. Establish a Social Media Team5. Train and Equip the Team6. Create and Share a Social Media Policy7. Train, Audit, Adjust8. Repeat…
The Law is the Law“Everything you Tweet, Blog, ‘Like’…”
Social Media: “It’s all fun and games… til the lawyers show up….”• You are creating a permanent record• Deleting doesn’t work• Someone is always listening• You may have a special duty to archive• You have a duty to protect the privacy of your customers
The FTC Social Media Guidelines1 6 C.F.R. Part 255• Duty to Disclose “Material Connections”• Duty to Inform of the Duty• Disclosure Must Be “Clear and Conspicuous”• Duty to Monitor for Compliance• Policy/Inform/Train/Monitor (Rogue Bloggers)• Case-by-Case Review
The Right to Tweet, Facebook…AndThe Right to Use It for Hiring & Firing
Your Social Media Policy: It IS “Complicated”• Technology, new platforms, evolving law, and ever-changing privacy policies, etc.• What about a template?• What about a disclosure “button”, link or tab?• What should it include?• What should it NOT include?• What is your regulator saying – today.• UPDATE!!!