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EXPLORING ‘IDENTITY’ FROM A
CONSUMER & AGENCY/BRAND
PERSPECTIVE Vejay G. Lalla
Davis & Gilbert LLP
212.468.4975
ENGAGING WITH ONLINE CONTENT
JOINING THE CONVERSATION
ENGAGING WITH ONLINE CONTENT
JOINING THE CONVERSATION
USING ONLINE CONTENT
USER-GENERATED CONTENT
USING ONLINE CONTENT
USER-GENERATED CONTENT
Some applications streamline
the user upload, rights and
permissions process
USING ONLINE CONTENT
USER-GENERATED CONTENT
Many states require written releases to use a person’s name, image,
or likeness
Using hashtags may not constitute a valid form of consent:
• For example, #Consent may not be sufficient
• What about a more unique hashtag? Does this constitute implied
consent?
• What about “clicking” or checking a box to obtain consent on a
microsite?
• Think about obtaining a formal release as well as consent
USING ONLINE CONTENT
USER-GENERATED CONTENT
Guidelines for reducing risks posed by the use of hashtag consent:
• Comment on applicable user’s post to request permission
• Disclose intended use in call to action
• Include a link in the CTA to submission terms and conditions
• Do not use content in a previously undisclosed manner without
additional consent (i.e., authorized use must cover each and every
intended use)
• Always obtain a formal release from a minor’s parent or guardian
USING ONLINE CONTENT
POTENTIAL RISKS
USING AND LEVERAGING ONLINE CONTENT
PUBLISHERS, AGENCIES AND BRANDS
CREATING AND PUBLISHING CONTENT
PROCESS
Development and legal review
Creation Agency review
Client review Final Legal
Review Publish Monitor
• Legal should be involved from the concept stage to review traditional as
well as online media for potential risks
• After agency content development and creation in conjunction with the
client, legal can continue to monitor the conversation around the content
CONSUMER DATA
NEW TECHNOLOGIES AND CONSUMER PURCHASES
CONSUMER DATA
COLLECTION AND USE
Federal Trade Commission – March 2012
Protecting Consumer Privacy in an Era of Rapid Change – OBA and
Self-Regulatory Principles
• Transparency and consumer control (especially in the mobile
environment)
• Reasonable security, and limited data retention, for consumer data
• Affirmative express consent for material changes to existing privacy
promises
• Affirmative express consent to (or prohibition against) using sensitive
data for behavioral advertising
CONSUMER DATA
COLLECTION AND USE
CONSUMER DATA
COLLECTION AND USE