This document discusses exploring identity from consumer and branding perspectives, including engaging with online content and using user-generated content. It notes that many states require written releases to use a person's name, image or likeness. Guidelines are provided for reducing risks when using hashtag consent, including commenting to request permission and disclosing intended use. The document also discusses processes for creating and publishing content, and issues around consumer data collection and use.

1. EXPLORING ‘IDENTITY’ FROM A CONSUMER & AGENCY/BRAND PERSPECTIVE
Vejay G. Lalla Davis & Gilbert LLP vlalla@dglaw.com 212.468.4975

2. ENGAGING WITH ONLINE CONTENT
JOINING THE CONVERSATION

3. ENGAGING WITH ONLINE CONTENT
JOINING THE CONVERSATION

4. USING ONLINE CONTENT
USER-GENERATED CONTENT

5. USING ONLINE CONTENT
USER-GENERATED CONTENT
Some applications streamline the user upload, rights and permissions process

6. USING ONLINE CONTENT
USER-GENERATED CONTENT
Many states require written releases to use a person’s name, image, or likeness Using hashtags may not constitute a valid form of consent:
•For example, #Consent may not be sufficient
•What about a more unique hashtag? Does this constitute implied consent?
•What about “clicking” or checking a box to obtain consent on a microsite?
•Think about obtaining a formal release as well as consent

7. USING ONLINE CONTENT
USER-GENERATED CONTENT
Guidelines for reducing risks posed by the use of hashtag consent:
•Comment on applicable user’s post to request permission
•Disclose intended use in call to action
•Include a link in the CTA to submission terms and conditions
•Do not use content in a previously undisclosed manner without additional consent (i.e., authorized use must cover each and every intended use)
•Always obtain a formal release from a minor’s parent or guardian

8. USING ONLINE CONTENT
POTENTIAL RISKS

9. USING AND LEVERAGING ONLINE CONTENT
PUBLISHERS, AGENCIES AND BRANDS

10. CREATING AND PUBLISHING CONTENT
PROCESS
Development and legal review
Creation
Agency review
Client review
Final Legal Review
Publish
Monitor
•Legal should be involved from the concept stage to review traditional as well as online media for potential risks
•After agency content development and creation in conjunction with the client, legal can continue to monitor the conversation around the content

11. CONSUMER DATA
NEW TECHNOLOGIES AND CONSUMER PURCHASES

12. CONSUMER DATA
COLLECTION AND USE
Federal Trade Commission – March 2012 Protecting Consumer Privacy in an Era of Rapid Change – OBA and Self-Regulatory Principles
•Transparency and consumer control (especially in the mobile environment)
•Reasonable security, and limited data retention, for consumer data
•Affirmative express consent for material changes to existing privacy promises
•Affirmative express consent to (or prohibition against) using sensitive data for behavioral advertising

13. CONSUMER DATA
COLLECTION AND USE

14. CONSUMER DATA
COLLECTION AND USE

15. QUESTIONS?
Vejay G. Lalla Davis & Gilbert LLP vlalla@dglaw.com 212.468.4975