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Online Advertising and Marketing Legal Compliance: Rules and Requirements in Different Countries

Online advertising and marketing play an important role in today's business, but they are subject to strict laws in many countries around the world. Compliance with legal requirements in this area is key to avoiding fines, lawsuits and negative impact on the company's reputation. Here are some general rules and requirements to consider when advertising and marketing in different countries.

1. Compliance with Data Protection Legislation:

Most countries have laws governing the collection, storage and use of users' personal information on the Internet. Advertising and marketing must ensure compliance with these laws, in particular by obtaining consent from users to process their data.

2. Restrictions on Advertising to Children:

Many countries have regulations restricting advertising aimed at children, especially those related to nutrition and health. Advertisers should avoid aggressive advertising aimed at younger audiences and adhere to content requirements.

3. Rules Regarding False and Manipulative Advertising:

Many countries have laws prohibiting the use of false or manipulative advertising. Advertisers must ensure that their advertisements are fair, accurate and not misleading to consumers.

4. Rules for Advertising on Social Networks:

Advertising on social network platforms is governed by special rules. Advertisers must comply with these rules regarding the content, purpose and manner of sponsored content.

5. Labeling of Advertising and Sponsored Content:

Many countries require labeling of advertising materials and sponsored content as such. This helps separate advertising from non-advertising content and provides transparency for consumers.

6. Rules Regarding Email Advertising:

Many countries have laws that regulate the sending of commercial offers by email. Promotional mailings must include an opt-out option and comply with other mailing requirements.

7. Compliance with Local Tax and Financial Requirements:

In addition to advertising regulations, companies must also comply with local tax and financial laws, including accounting requirements for advertising revenue.

An example of violation of rules and requirements in the field of online advertising in the USA

Consider an example of a violation of rules and requirements in the field of online advertising in the USA, which concerns a company that did not follow the rules of transparency and accuracy in advertising its products.

The FTC v. Cambridge Analytica case

One of the most famous cases of violation of online advertising rules in the US is the case of the Federal Trade Commission (FTC) against the company Cambridge Analytica. While this case is more about data privacy violations, it also involves aspects of online advertising and misuse of user data.

The essence of the violation:

1. False claims: Cambridge Analytica advertised its services by claiming that it would be able to influence political elections through its ability to analyze and use social media data. These claims were not fully substantiated.

   

2. Violation of privacy: The company obtained data from Facebook users without their express permission, using programs that collected personal information under the guise of "personality tests." This information was then used to target political ads without properly informing users of how their data would be used.

3. Misrepresentation: Cambridge Analytica did not inform users that their data would be used in political campaigns and did not obtain proper consent for such use.

Consequences:

The FTC imposed fines and ordered the company to stop this practice, emphasizing the need for transparency and a responsible approach to the use of user data in advertising. The case also pushed for stricter rules on data privacy and online advertising.

This example illustrates the importance of transparency, accuracy and responsible data usage in online advertising. Violation of these rules can result in significant fines and damage to the company's reputation.

In order to successfully promote their brand through online advertising and marketing, companies should thoroughly understand and comply with the laws in the countries where they operate. This will avoid negative consequences and preserve a good reputation in the business world.

If you have any questions about advertising on the Internet, please contact Avitar.

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Contact us: business@avitar.legal

Authors:

Serhii Floreskul

,

Violetta Loseva

,

6.10.2024 15:41
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