Social Media:

Managing Legal Risks

Nigel Miller, Fox Williams LLP, London

27 November 2013

You tweeted WHAT?!

@HabitatUK Naughty, money-grabbing

furniture outlet. Bad bad bad. Now I’m glad I

can’t afford your overpriced Ikea replicas23 June 09

John Brown@brownbare Follow

#WaitroseReasons I shop at Waitrose because

… I think food must automatically be better if

it costs three times as much

Follow

Thanks again for all the #waitrosereasons

tweets. We really did enjoy the genuine and

funny replies. Thanks for making us smile.20 September 12

Waitrose@Waitrose Follow

Brand impersonation and spoofing

� Monitoring third party sites

� Brand impersonation

� Brand defamation

� Disgruntled customers

� Counterfeiting

� Infringement of IP

� Responding to a crisis

� Check terms of use and takedown policies

� Use of disclaimers

� Legal action as last resort

Legal and Regulatory Compliance

� Compliance with platform T&Cs

� Defamation

� Data Protection

� IP infringement

� Sales promotions and competitions

� Consumer Protection from Unfair Trading Regs

� CAP Code, enforced by the ASA

� Criminal offences

Crap! Robin Hood Airport is closed. You've

got a week and a bit to get your shit together

otherwise I am blowing the airport sky high!!

Paul Chambers@paulchanmbers Follow

Employee issues

� Recruitment

� Loss of productivity

� Brand slagging

� Confidential information

� Ownership of followers / friends / contacts

Social Media Policy

� Protect your brands

� Set up terms of use

� Allocate responsibility

� Educate your staff

� Monitor third party content

� When something goes wrong, deal with it

promptly, openly, honestly and

sensitively

� Cyber-liability insurance

Thank you

Nigel Miller

Fox Williams LLP

nmiller@foxwilliams.com

020-7614 2504

@nigelmiller