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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 is a Paradigm Shift
Effective marketing requires Legal Compliance
Technological innovation comes with Massive Risk
Mobile is changing the Game
5/12 10% of Internet trafficup from 4% in 12/10
Mobile = ~8% of ecommerce
Monetization growing rapidly 79% is Apps
Mobile is changing the Game
Rapid increase of time spent vs. $ spent on ads
Price of mobile clicks far less
Mobile ARPU is lower, but rising rapidly
Mobile is changing the Game
DriversDevicesUltra competitive markets, massive innovationPrice of mobile clicks far less
PlatformsNearly ubiquitous high speed wireless internet
UI - Increasing focus on design/usability
Beauty - relevant, personalized, curated content
Sharing- social emerging as starting distribution point for content
The Three C’s
Content
Connection
Commerce
Content
Intellectual Property + Brand
Protection
Contests + Sweepstakes
Content
Manage your reputation: Is the risk real? Yes. Potential to damage brand. Social Media shapes public opinion and generates controversy. Perception is reality.
Content
How to guard online reputation:1. Prepare. Pay attention to social media
conversations2. Evaluate responses but don’t
overreact3. Participate
Content
Fan Pages – Branded Vs. Unbranded Pages
Connecting
a. Target Audiencesb. Privacyc. Location
Commerce
a. Digital Currencyb. Advertorials
Social Media is no longer just part of a marketing strategy.
Danny Rimer, a partner at European venture capital firm Index Ventures, sees this as the future for e-commerce. In his search for viable investments, he’s now looking for a social media layer to any e-commerce company that comes knocking at his door. Business is Social
Trends
As social media is becoming more pervasive, state legislatures are reacting: perceived threats, e.g. Cyber-bullying leading to real attempts to control online speech.
Conduct a Social Media “Legal” Audit
Social Media “Legal” Audit
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
HR & Employment Issues:• BYOD & Computer Usage Guidelines for Employees• Employment and Labor Laws• Social Media Guidelines for Employees
Be Proactive
Remember with Search & Social. Problems can spread like wildfire.
