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Unit Study Guide Understanding Understanding Legal, regulatory and ethical requirements Legal, regulatory and ethical requirements in Marketing in Marketing

Unit Study Guide Understanding Legal, regulatory and … regulatory and ethical requirements in Marketingin Marketing Dealing with legal, regulatory and ethical concerns in sales and

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Unit Study Guide

UnderstandingUnderstanding

Legal, regulatory and ethical requirementsLegal, regulatory and ethical requirements

in Marketingin Marketing

Dealing with legal, regulatory and ethical concerns in sales and marketing

What does that mean?Each organisation in business has to abide by laws and regulations so that it operates ethically and fairly. It means that each person in that business needs to undertand the laws and regulations that apply to it and understand the business protocols that must be adopted. Each employee has a responsibility to themselves and to the company. Concerns regarding legal, regulatory and ethical issues should be discussed with a more senior person in the organisation such as a supervisor or a line manager.

Activity

The link below outlines a basic company struc-ture. Describe your own company organisation and the lines of responsibility. Describe who you would refer any concerns to.

Go to each link below and then make notes about what each company does. Describe how they may be a competitor to your own company.

http://www.zippynutsocialmedia.co.uk/

https://www.clicky.co.uk/

Notes

http://businesscasestudies.co.uk/unison/developing-responsiveness-through-organisational-structure/the-structure-of-an-organisation.html#axzz3a0g6mpOD

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I believe the company i am working for uses the Matrix structure. The highest responsibility is the manager of the company, underneath him he has a range of teams that operate in different segment s. If i had any concerns i would notify the manager/
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Zippynutsocialmedia- They help small companies
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create a better understanding of social media and how to use it effectively. They may provide competition to my company as they target small companies.
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Clickymedia- Clickymedia design websites and create apps for any company. They massively pride themselves on appearance and quality in general, they also think for the future making all website function well with mobiles and tablets. They would provide competition because they are web design which is part of what the company i am working for does.

Legal Requirements in Sales and Marketing Activity

Look over the book cover and identify who the publisher is.

Check out the links below and then respond to the points listed.

Define what the term imprint means.

Describe the history and ownership of Methuen.

Decsribe who owns the copyright to Tintin.

When will the copyright be relinquished?

Linkshttp://en.wikipedia.org/wiki/Imprint

http://en.wikipedia.org/wiki/Methuen_Publishing

http://falkvinge.net/2013/10/24/tintin-and-the-copyright-sharks/

http://jamieking.co.uk/resources/email_marketing_legal_requirements.html

https://www.gov.uk/marketing-advertising-law/overview

http://www.abdn.ac.uk/safety/uploads/files/HSE%20workstation%20checklist%202015.pdf

All sales and marketing activity is regulated by laws. Using the link below define some of those laws. Also describe why Data Protection is so important.

Using the link below define the law regarding the marketing of products.

http://www.hse.gov.uk/msd/dse/

There are laws regarding the health and safety of individuals working in a business environment. This is a legal requirement relating to marketing and sales people as the majority of them will be using computer equipment.

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You cannot fake sender information- Just like the spammers do when they send us emails from "Barclays Bank" or "HSBC" which are obviously not from the actual banks themselves. You must clearly provide an opt-out process- You must provide an opt-out process or address for recipients to easily unsubscribe from future email messages
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Comply with the data protection act- You must keep stored information about your customers / subscribers secure and only collect information that you need for a specific purpose, ensure it is always relevant and up to date, only hold as much as you need and only for as long as you need it. Data protection is important because your customer privacy is at risk and any important data could get stolen which could potentially lose a business an advantage. Law regarding marketing of products- all products must fit this criteria; an accurate description of the product or service, legal, decent, truthful and socially responsive
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Herge
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The publishers trade name under which works are published
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Methuen are a decorated British publishing house Founded in 1889, initially publishing non-fiction academic textbooks eventually diversifying to publish female authors, and translated works
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Lionel Dridcott, previously founded by Herge
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1983
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Understanding ethical and legal requirements in business

Activity NotesUnderstanding CopyrightRead the following link.

http://copyrightservice.co.uk/copyright/p01_uk_copyright_law

Then answer the following questions:

Under what circumstances would it not be alright to draw Tintin?

Under what circumstances would it be acceptable to draw Tintin?

http://www.fca.org.uk/about/what

http://www.legislation.gov.uk/ukpga/1968/29/pdfs/ukpga_19680029_en.pdf

The Financial Conduct Authority (Formerly the Financial Standards Authority) has power and influence in all business activities. Click on the link below and list what the FCA does.

FCA

Trade Description ActAll business activity can be defined in the Trade Description Act. Identify 6 aspects regarding the sales and marketing of a product.

http://www.marketingdonut.co.uk/marketing/sales/sales-management/sales-contracts-and-selling-regulations

Contracts & Contract LawsWhat does that mean?

https://www.citizensadvice.org.uk/consumer/protection-for-the-consumer/consumer-contracts/terms-and-conditions-in-a-consumer-contract/

Terms and conditions of a sale?

Click on the link below and then describe the term contract.

Click on the link below and then describe the purpose of a Terms and Condition of Sales.

Describe the term “Cooling off” period in relation to a sale?

FINALLY!!

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Without consent from Lionel Dridcott
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With consent from Lionel Dridcott
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-Protect Consumers -Protect Financial Markets -Promote competition
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- Prohibition of false trade descriptions - Applying trade description to goods - Offer to supply - Definition orders - Information supplied in advertisement - Evidence by certificate
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A contract is a legal document binding X to Y. The contract is signed by X and is required to complete or abide by the contracts terms
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Terms and conditions of sale is there to help the buyer and seller understand the conditions and to help ensure that what happening is agreed upon and is fair.
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An interval during which two sides in disagreement can try to settle their differences before taking further action.

Understanding ethical and legal constraints

www.commons.wikimedia.org www.sxc.hu

Activity

GOTO

THE LINKS FOR WIKI AND SXC

Locate the Licence Agreements.

Define a Commons Licence.

Define Usage Agreements.

Notes

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Wikimedia- Main page scroll down on the right hand side under content, by license, Creative Common Licenses. SXC- Scroll down to the bottom of the page, it is sectioned off in gray, one of the selection boxes says "licenses".
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A creative commons license is a license that you can put on X to enable people to copy it without being sued for copy right infringement.
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A usage agreement is an agreement between a licensor and a purchaser, this usually is for license to use their product.

Knowabout Professional Bodies in the media sector

PROFESSIONALORGANISATIONSThere are several external sources that provide information and guidance about legislation and regulation. These organisations can be known as professional bodies and they are very active in the regulation and support of businesses and customers. They can regulate, influence and be intermediaries in a dispute.

Advertising Standard Authority (ASA)Financial Control Authority (FCA) formerly FSAChartered Institute of Marketing (CIM)Citizens Advice Bureau (CAB)National Union of Journalists (NUJ)

There are several internal sources that provide information and guidance about legislation and regulation.

The Human Resources Department will have information about contracts of employment and working terms and conditions. They can advise on codes of conduct, pay and conditions, pension schemes and help with health and safety issues that relate to someone’s work. A Staff Handbook is also provided as a reference for all employees to refer to regarding their rights and responsibilities.

Another internal source would be the Finance Department regarding salaries and tax issues, claiming of expenses and pay scales.

Line managers and supervisors can also provide guidance and advice on regulations and working practices.

http://www.cim.co.uk/

ActivityYou have already looked at the FCA and will be looking at the ASA in another activity. Using the link below, define what the Chartered Institute of Marketing does.

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The chartered institute of marketing is a company offering training offering qualification in marketing and sales related subjects.

Activity

Notes

REGULATIONIdentify the representation of gender in all three ads.

BANNED ADSLook at banned Levis ads - TV and print.

http://epicfireworks.com/blog/2012/04/levi-jeans-firework-advert/

Explain why they were banned.

REGULATION & ETHICALDescribe the Human Rights Act.

http://www.un.org/en/documents/udhr/

Describe the ASA.

http://www.asa.org.uk/About-ASA.aspx

Describe Worldwide web Consortium

http://www.w3.org/Consortium/mission

Understand the regulation of the media sector Equality and diversity

Ethical requirements within business means taking into account Equality and Diversity in both business objetives and employment. It also applies to represenation within the media world.https://www.gov.uk/government/organisations/department-of-health/about/equality-and-diversity

Watch 3 ads

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- levi's jeans ad it shows 2 males and 1 female perhaps showing jeans are worn by men mostly
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- Levis jeans ad banned because it shows young models shooting fireworks into the sky, was complained to be irresponsible and harmful
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The Human rights act was passed in court in 1998 it allows you to argue your rights.
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Advertising standards authority is a self regulatory organisation. They want to make every ad played in the UK a responsible ad.
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The worldwide web consortium is an organisation that wants to guide the worldwide web to the heights of its potential by developing protocols and guidelines to ensure the long term growth of the web.

Understanding ethical and legal constraints

Copyright of a logo

Activity

Go to the links below and then explain how to acquire a copyright and also explain what the R symbol stands for.

www.copyrightservice.co.uk/protect/logo_copyright

www.copyrightservice.co.uk/copyright/intellectual_property

Notes

Describe the logo and brand for your own company and paste a copy in the notes. Explain why it would be illegal, and unethical for someone else to copy your logo and brand and use it for their own business.

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To acquire the copyright logo you must fill in an application. The r symbol symbolizes that the product is copyrighted and that nobody can copy what you have created.
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It is unethical to copy another companies brand name, as the company who owns the name has put a lot of effort and strategy into creating the brand name, if a company copies it, consumers may believe the product is authentic which in reality its not. It also disadvantages smaller names in the same market if they are trying to make a name for themselves. It is illegal because the company will have patented their name which will not allow other companies to copy them.

Notes