Marketing on the social Web - Marketing Legislation Conference

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I gave this presentation at the Marketing Legislation Conference in Rosebank on 29 July 2009. It addresses some of the issues marketers should be aware of when marketing on the social Web.

Transcript of Marketing on the social Web - Marketing Legislation Conference

Marketing on the social Web

Wednesday 29 July 2009

Marketing on the social Web

What marketing types need to know ...

Wednesday 29 July 2009

About me

Wednesday 29 July 2009

Paul JacobsonWeb and digital media lawyer

paulj@jacobson.co.zawebtechlaw.com

facebook.webtechlaw.comfriendfeed.com/webtechlaw

@pauljacobson

Wednesday 29 July 2009

social media focus

Wednesday 29 July 2009

The Web has changed

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Its about being social ...Wednesday 29 July 2009

... in the digital age ...

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Here are a few things for you to think about ...

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Reputation

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Freedom of expression can be

liberating

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Social media = expression

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Your customers are having conversations about your brand

You are not in control of your

brand

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customers have new tools and a

longer reachWednesday 29 July 2009

09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0

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Brüno

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... and so on ...

the network effect in social media

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You suck!

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New(ish) buzzwords

brandsquatting

typosquatting

Cybersquatting (domain names)

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Getting the community involved

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... it can be a gamble ...Wednesday 29 July 2009

You might also be amazed ...

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Take precautions

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Content

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Customers want to consume content on their terms

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The problem is that © ≠ sharing

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How can you facilitate access to content?

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There are a couple options

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Protection of personal information

a few general comments ...

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Existing law

• Bill of Rights (Chapter 32)

• Consumer Protection Act

• PAIA

• ECT Act

• RICA

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“POPIA”Wednesday 29 July 2009

Categories of “personal

information”The draft bill distinguishes between ordinary personal

information and more sensitive personal information.

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Data Protection• Ensure the personal information collected is

“complete, not misleading, up to date and accurate”;

• Secure integrity of personal information against risk of loss or damage;

• Protect against unlawful or unauthorised access or processing;

• Identify reasonably foreseeable internal and external risks;

• Generally accepted infosec practices and procedures

* Principle 6: draft POPIA

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Privacy policyWednesday 29 July 2009

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Implementation

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Terms of use

Don’t forget details like jurisdiction, choice of law and

ECT Act compliance

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Constant review to ensure that they are in keeping with new developments

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Case study

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Bad ...

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Better ...

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Downright impressive ...

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Pick your lawyer carefully ... seriously!

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Any lawyer just won’t do

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You have to understand social

media

Wednesday 29 July 2009

Paul JacobsonWeb and digital media lawyer

paulj@jacobson.co.zawebtechlaw.com

facebook.webtechlaw.comfriendfeed.com/webtechlaw

@pauljacobson

Wednesday 29 July 2009