Facebook Marketing Legal & Regulatory Compliance

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The past few years have witnessed an explosion of legal and regulatory activity involving social and other new media. The growth of Facebook as a platform for customer engagement, brand extension and other advertising and marketing efforts creates both new opportunities and new legal and business risks. The legislative and regulatory environment is also in flux as Congress and federal agencies rush to provide new rules, regulations and laws aimed at consumer protection, privacy and IP piracy. This session will examine several key areas, including copyright, trademark and related intellectual property concerns; false advertising and marketing restrictions; gaming; data privacy issues presented by social media; and impacts of social media on employees and the workplace. Attendees will learn how to identify legal risks and issues before they become full-scale emergencies and how to develop appropriate policies and guidelines covering social media activity.

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Facebook Marketing Legal & Regulatory Compliance

  1. 1. Facebook is a Paradigm Shift
  2. 2. Effective marketing requires Legal Compliance
  3. 3. Technological innovation comes with Massive Risk
  4. 4. 5/12 10% of Internet trafficup from 4% in 12/10Mobile = ~8% of ecommerceMonetization growing rapidly 79% is Apps Mobile is changing the Game
  5. 5. Rapid increase oftime spent vs. $ spent on adsPrice of mobile clicks far lessMobile ARPU is lower, but rising rapidly Mobile is changing the Game
  6. 6. DriversDevicesUltra competitive markets, massive innovationPrice of mobile clicks far lessPlatformsNearly ubiquitous high speed wireless internetUI - Increasing focus on design/usabilityBeauty - relevant, personalized, curated contentSharing- social emerging as starting distribution point forcontent Mobile is changing the Game
  7. 7. The Three C’s Content Connection Commerce
  8. 8. Intellectual Property + Brand ProtectionContests + Sweepstakes Content
  9. 9. Manage your reputation: Is the risk real? Yes.Potential to damage brand.Social Media shapes public opinion andgenerates controversy. Perception is reality. Content
  10. 10. How to guard online reputation:1. Prepare. Pay attention to social media conversations2. Evaluate responses but don’t overreact3. Participate Content
  11. 11. Fan Pages – Branded Vs. Unbranded Pages Content
  12. 12. a. Target Audiences b. Privacy c. LocationConnecting
  13. 13. a. Digital Currencyb. Advertorials Commerce
  14. 14. Social Media is no longer just part of a marketing strategy.Danny Rimer, a partner at European venture capital firmIndex Ventures, sees this as the future for e-commerce. Inhis search for viable investments, he’s now looking for asocial media layer to any e-commerce company that comesknocking at his door. Business is Social
  15. 15. As social media is becoming more pervasive, statelegislatures are reacting: perceived threats, e.g. Cyber-bullying leading to real attempts to control online speech. Trends
  16. 16. Conduct a Social Media “Legal” Audit
  17. 17. Trade & Commerce Issues:• Advertising & Promotions Laws• Click-Wrap Agreements• Choice of Law/Forum• Disclaimers• Federal Trade Commission Blogger Guidelines• Insurance Law• Industry Regulations & Guidelines Social Media “Legal” Audit
  18. 18. HR & Employment Issues:• BYOD & Computer Usage Guidelines for Employees• Employment and Labor Laws• Social Media Guidelines for Employees Social Media “Legal” Audit
  19. 19. Be Proactive
  20. 20. Remember with Search & Social.Problems can spread like wildfire.

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