Legal Risk Management of advertising in a digital environment
Jan Trzaskowski
Advertising law is constantly challenged by the advent of new electronic marketing techniques such as viral marketing and advertising in social networks like Facebook and YouTube. Advertising law must strike a balance between flexibility and certainty. The flexibility shall ensure that future marketing techniques may also be deemed unfair without the need for new legislation. The notion of certainty implies ensuring that businesses may actually foresee whether a marketing technique or campaign is lawful. The Directive on unfair commercial practices (29/05) seeks to protect the consumers' economic interests by prohibiting unfair commercial practices. It may, however, be difficult to establish when a particular commercial practice is unfair. This presentation will discuss how businesses can manage the legal risks of advertising in a digital environment, including by virtue of user agreements and technical measures.
