Compliance

There Will Be Privacy Policies!

In the wild west of Web 3.0, user data is oil. Liquid gold! Unfortunately… there will be blood. But you don’t have to become Daniel Plainview. As a digital-first entrepreneur, you rely on user data. But if you treat it without the respect it deserves you could be finished. (Hopefully not with a bowling pin.)

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TOS Up

You’ve spent countless hours crafting your company’s website. You’ve coordinated contractors and teams. You are finally settled on a design that works. You’re ready to launch! Not so fast. Don’t overlook that small link at the bottom of your page that says Terms and Conditions. Or Terms of Service. Perhaps Terms of Use. Whatever you call it—TOS, TOU, or T&C—that easy-to-overlook link points to a contract with your customers that governs just about every aspect…

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GDPR is the Real Cookie Monster

For digital-first entrepreneurs, the internet’s promise and power is nowhere more concentrated than in the majestic cookie. That’s right. The cookie. A small text file placed in your computer that enables logins and customization, affiliate links, product optimization, and elegantly targeted advertising campaigns. And abusive advertising campaigns. And intrusive monitoring. Which is why governments around the world have begun to reign in the mighty cookie. Cookie regulation, like privacy law more broadly, is evolving quickly….

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The Marketer’s Guide to Making Green Claims

The FTC’s long-awaited Green Guides provide guidelines for how marketers should be making environmental claims in advertisements and on product packaging.

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Advertising “Up To” Claims

An FTC study shows that many consumers interpret "up to" claims–like, save up to 50%–to mean that the average user achieves those results. Knowing that consumers may be deceived by this language, advertisers should be cautious to fully disclose truthful averages, rather than simply one-off "up to" figures.

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On Confidentiality and Nondisclosure Agreements

If your company has trade secrets or confidential information, you should fully understand and employ confidentiality and nondisclosure agreements.

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Spokeo’s Fake Customer Reviews Draw FTC Sanctions

Spokeo, the online directory, came under FTC investigation after the company told its employees to post favorable reviews on various news sites. By design, the reviews appeared to be posted by unrelated customers. As with the case of Nutrisystem’s deceptive Pinterest posts, the FTC determined that Spokeo’s reviews should have been accompanied by appropriate disclosures. The fact that they weren’t made the fake reviews deceptive. As a result of the fake reviews and other violations,…

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Are Wet T-Shirt Photos News?

Hustler magazine ran copyright-protected photos of a wet t-shirt contest. They said that since the participant was a public figure, they were just running a news story, and protected by fair use. The court disagreed. Here’s why.

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Mobile-App Marketing: New FTC Guidance

The Federal Trade Commission (FTC) has issued new guidance on how mobile-application developers can avoid running afoul of truth-in-advertising and privacy laws. As the FTC notes in its guide, Marketing Your Mobile App: Getting It Right from the Start, advertising, privacy, and consumer protection laws apply to companies of all sizes. And as recent FTC enforcement actions have shown, the penalties for noncompliance can be devastating. The short FTC guide provides several obvious but often-overlooked…

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