Advertising is a fundamental aspect of the products and services offered by any company. Given the variety of media (internet, television, newspapers, magazines, brochures, radio), several legal provisions must be considered in order to avoid unpleasant situations concerning infringements of consumer rights and provisions applicable to personal data, infringement of copyright and related rights, allegations of misleading, illegal advertising, situations that could damage the company’s reputation.
By using legal services both for regulatory issues and for negotiating agreements, the companies, the marketing agencies, the influencers are assuring the success of advertising campaigns, by eliminating or reducing risks.
NewLegalWay provides legal consultancy on Advertising & Media related to the following aspects:
Online and offline marketing
- Online and offline marketing strategies and campaigns (applicable legislation, drafting, and negotiation of agreements for online marketing campaigns and affiliate marketing agreements);
- Commercial communications in direct marketing by e-mail, sending SMS / telephone call, by mail post;
- Subscribing to newsletters and communications for marketing purposes (e-mail marketing), as well as unsubscribing management;
- Digital / online marketing through online behavioral advertising (OBA), viral advertising, affiliate marketing, as well as through automatic improvement and ad placement;
- Consultancy on personal data protection legislation, consent, online business communications and security incidents regarding online business communications;
- Consultancy regarding the organization of a marketing campaign, the landing page, the construction and maintenance of a database of interested persons/persons, flows of personal data, and the transfer of these data;
- Agreements for the services offered by the marketing agencies (web design, creation, online marketing services, copywriting services) and services offered by marketing platforms (video hosting tools, e-learning systems, email marketing, automation systems, Chatbot and SiteBot, affiliate program, online magazine builder);
- Consultancy on running an affiliate program;
- Consultancy on telemarketing.
Advertising and Media
- Drafting and negotiating advertising agreements (service / collaboration agreements) with influencers / online platforms / agencies (influencer marketing), sponsorship agreements, license agreements / assignment agreement of intellectual property rights;
- Advertising and responsible marketing communications for certain types of products (responsible commercial communication rules, sincerity in advertising, substantiation of product claims, honesty in images, testimonials, and recommendations of specialists, recommendations of specialists);
- Comparative advertising and misleading advertising;
- Sponsorship agreements (sports, music events, art, charitable, educational activities, television programs);
- The content of video ads, the use of the name or image of a public person, agreements with famous people;
- Observance of the terms and conditions of social media platforms regarding advertisements, advertising campaigns;
- Advertising articles and advertising reportages;
- Product labeling and related advertising;
- Product placement;
- Consultancy on live shopping.
- Combining data about internet browsing habits (online identifiers such as cookies, internet protocol (IP) addresses, radio frequency identification (RFID) tags, advertising IDs, pixel tags, device fingerprints) with information about the user obtained from registrations and purchases to record information such as searches, content viewed, purchases made, and the user’s location for pop-ups and banners, retargeting of advertisements for products that a user has viewed, encouraging them to return and to make or complete a purchase, promotion of nearby locations;
Promotions and Contests
- Promotions and regulations/conditions related to those promotions in online stores and mobile applications;
- Advertising lotteries (so-called “contests”): drafting and revising regulations and announcements;
- Consultancy on awarding samples, prizes, bonuses;
- Consultancy on volume promotions or gift packages, vouchers, and coupons, offers of limited duration;
- Consultancy on low price sales (promotional sales and welding sales).