Marketing campaign in the Internet- legal aspects

Paweł Gruszecki

ul. Zabłocie 25/830-701 Kraków

phone: +48 530 920 115

e-mail: office@tml-legal.plskype: Paweł Gruszecki_TML

LINKEDIN: TML-Gruszecki Law Firm

Legal Advisor

Presentation on the following elements of Content Marketing Canva

Activities Content Value

Metrics/KPI Resources

Content ValuesAudience/Users

Channels Media Assets

GoalsPartners

Audience

Consumer Business of age / minorknown / unknown

number

client / non-client resident of a certaincountry

consent / no consent identified with name / unidentified

Communication Channels (I)

Consent required for use in direct marketing

Consent required to receive commercial information bymeans of electronic communication

Consent required for use in direct marketing

Communication Channels (II)

the public / non-public nature of advertising

the use of someone else's brand

Content Types (I)

Acquisition of appropriate copyrights:

Consent required for the use of the image

1) form of acquisition (transfer of rights, license - exclusive, non-exclusive)

2) subject of acquisition: a) work, b) derivative work (translation), c) related rights

Compliance with applicable laws(hate speech, violation of personal rights)

Use of the image

Exceptions: a) the consent shall not be required if such person has received theagreed (for instance in contract) price for posing, and b) the permission shall not berequired for dissemination of the image:i) of a commonly known person (politician, person from public scene - actors,musicians, celebrities, members of royal failies), if such image has been made inconnection with his/her performance of public functions and, in particular, political,social or professional functions;ii) of a person constituting only a detail of a whole, such as a meeting, a landscape,or a public event (the image of person is only an accidental and additional element ofdepicted scenery, the removal of the image would not change the subject matter andnature of the picture).

General rule: The dissemination of an image requires the consent form the persondepicted (the consent for publishing shall be expressed in any way, however theconsent has to be direct, it cannot be alleged).

Example of regulation fromPolish Act on Copyrightand Related Rights

Content Types (II)

cylindrical games, card games, the dice, betting,slot machines

alcoholic drinks

tobacco products

- sensitive products and services

Activities

promotion (subject to regulations in the area of sensitive products);sponsorship (subject to regulations in the area of sensitive products);competitions (consumer law);

audiotele lotteries (consent required, fee, bank guarantee and requirements) ie.lotteries, in which one participate by:

a) chargeable call or b) sending short text messages (SMS) with the use of a public telecommunication network, the entity organizing the game offers cash or material prizes;games / the risk of recognition for games of chance (gambling games are aboutwinning cash or material prizes, which result in particular depends on the case,the playing conditions are specified in the regulations) or slot machine games(games on mechanical, electromechanical and electronic equipment, includingcomputer, winnings are cash or material prizes, the game includes randomelement).

Media Assets

Personal data

Databases

Protection of personal data

Consent required for marketing of your owncompany or marketing of someone else's company

Data transfer to a third country

Data transfer to a third country

If: (a) the data are transferred to countries outside the EEA (EU + NIL) and (b) notlisted in the decisions of the European Commission (eg. Switzerland, Isle of Man),and (c) do not apply to exceptions mentioned in Article. 47 paragraph. 2 and 3 of theAct on the Protection of Personal Data, the entrepreneur that transfers data will beobligated to:

(i) enter into a contract with an entity receiving data so-called "Standard contractual clauses" (mentioned in the decisions of the EC: 2001/497 / EC of 15.6.2001, 2004/915 / EC of 27.12.2004 r., and 2010/87 / EU of 02.05.2010 r.) or(ii) use the so-called. "Binding corporate rules" (within the capital group), or(iii) obtain the consent of the General Inspector of Prorection of the Personal Data (in case the data exporter is established on the territory of Poland).

Thank you