The marketing campaign in the Internet.

1. Marketing campaign in the Internet
- legal aspects

2. Paweł Gruszecki
ul. Zabłocie 25/8
30-701 Kraków
phone: +48 530 920 115
e-mail: office@tml-legal.pl
skype: Paweł Gruszecki_TML
LINKEDIN: TML-Gruszecki Law Firm
Legal Advisor

3. Presentation on the following elements of Content Marketing Canva
Activities Content Value
Metrics/KPIResources
Content ValuesAudience/Users
Channels Media Assets
GoalsPartners

4. Audience
Consumer Business of age / minor
known / unknown
number
client / non-client resident of a certain
country
consent / no consent identified with name /
unidentified

5. Communication Channels (I)
Consent required for use in direct marketing
Consent required to receive commercial information by
means of electronic communication
Consent required for use in direct marketing

6. Communication Channels (II)
the public / non-public nature of advertising
the use of someone else's brand

7. Content Types (I)
Acquisition of appropriate copyrights:
Consent required for the use of the image
1) form of acquisition (transfer of rights, license - exclusive,
non-exclusive)
2) subject of acquisition: a) work, b) derivative work
(translation), c) related rights
Compliance with applicable laws
(hate speech, violation of personal rights)

8. Use of the image
Exceptions: a) the consent shall not be required if such person has received the
agreed (for instance in contract) price for posing, and b) the permission shall not be
required for dissemination of the image:
i) of a commonly known person (politician, person from public scene - actors,
musicians, celebrities, members of royal failies), if such image has been made in
connection with his/her performance of public functions and, in particular, political,
social or professional functions;
ii) of a person constituting only a detail of a whole, such as a meeting, a landscape,
or a public event (the image of person is only an accidental and additional element of
depicted scenery, the removal of the image would not change the subject matter and
nature of the picture).
General rule: The dissemination of an image requires the consent form the person
depicted (the consent for publishing shall be expressed in any way, however the
consent has to be direct, it cannot be alleged).
Example of regulation from
Polish Act on Copyright
and Related Rights

9. Content Types (II)
cylindrical games, card games, the dice, betting,
slot machines
alcoholic drinks
tobacco products
- sensitive products and services

10. Activities
promotion (subject to regulations in the area of sensitive products);
sponsorship (subject to regulations in the area of sensitive products);
competitions (consumer law);
audiotele lotteries (consent required, fee, bank guarantee and requirements) ie.
lotteries, in which one participate by:
a) chargeable call or
b) sending short text messages (SMS) with the use of a public telecommunication
network, the entity organizing the game offers cash or material prizes;
games / the risk of recognition for games of chance (gambling games are about
winning cash or material prizes, which result in particular depends on the case,
the playing conditions are specified in the regulations) or slot machine games
(games on mechanical, electromechanical and electronic equipment, including
computer, winnings are cash or material prizes, the game includes random
element).

11. Media Assets
Personal data
Databases

12. Protection of personal data
Consent required for marketing of your own
company or marketing of someone else's company
Data transfer to a third country

13. Data transfer to a third country
If: (a) the data are transferred to countries outside the EEA (EU + NIL) and (b) not
listed in the decisions of the European Commission (eg. Switzerland, Isle of Man),
and (c) do not apply to exceptions mentioned in Article. 47 paragraph. 2 and 3 of the
Act on the Protection of Personal Data, the entrepreneur that transfers data will be
obligated to:
(i) enter into a contract with an entity receiving data so-called "Standard contractual
clauses" (mentioned in the decisions of the EC: 2001/497 / EC of 15.6.2001,
2004/915 / EC of 27.12.2004 r., and 2010/87 / EU of 02.05.2010 r.) or
(ii) use the so-called. "Binding corporate rules" (within the capital group), or
(iii) obtain the consent of the General Inspector of Prorection of the Personal Data
(in case the data exporter is established on the territory of Poland).

14. Thank you