Venable LLP`s advertising and marketing team is recognized in the market for its consulting and process expertise. Under the joint leadership of Leonard Gordon, a specialist in regulatory compliance, investigations and litigation, and Jeffrey Knowles in Washington DC, the practice draws its strength from extensive regulatory experience in advertising, including television, internet and social media, while benefiting from the company`s privacy department. The team`s work includes sweepstakes, games, privacy, product security issues, as well as regulatory compliance, promotional statements, and subscription and auto-renewal issues. Internet law, or cyberright, refers to how laws govern how the Internet is used. It concerns the Information Technology Act and regulates without limitation cybersquatting and domain names, data protection, defamation, electronic commerce, intellectual property, marketing and advertising. Attorneys general are the “best cops” and regulators in their state. They act on behalf of citizens by exercising their full consumer protection power to enforce and investigate unfair and misleading acts and practices (UDAP), including misleading advertising (CID). If the law goes into effect, it would likely require companies like Google, Meta, owner of Facebook, and Amazon to sell some of their advertising business. Daniel Castro, vice president of the Foundation for Information Technology and Innovation, said the legislation could “significantly disrupt the online advertising ecosystem” for ad buyers and sellers. Let`s start with a brief definition of adtech and relevant key players. Adtech was born from the need for companies to target the most relevant advertising spaces for their customers and the market. As defined by the UK Information Commissioner`s Office, we help global businesses advance their advertising and marketing efforts while helping them navigate the myriad of often conflicting global consumer data regulations, including the General Data Protection Regulation (GDPR), Data Protection and Electronic Communications (PECR) regulations, the California Consumer Privacy Act (CCPA), the Video Privacy Protection Act (VPPA), Children`s Online Privacy Protection Act (COPPA), Age Appropriate Design Code (AADC) and Telephone Consumer Protection Act (TCPA), as well as other compliance regimes and industry standards around the world. According to art.
4 para. 4 GDPR “any form of automated processing of personal data consisting in the use of such personal data to assess certain personal aspects relating to a natural person, in particular to analyse aspects of work performance, economic situation, health, personal preferences, interests, reliability, the behavior, location or movement of that natural person, or predict. Profiling and automated decision-making (in which decisions are made without human participation and therefore by automated means) are increasingly used thanks to technological advances and are an integral part of Adtech. While such treatment may bring material benefits, it also poses significant risks to the rights and freedoms of individuals. If regulators are interested in advertising practices, it can lead to a long and intrusive process. Perkins Coie has the experience to help clients structure and manage their promotional activities to avoid the interest of regulators and support their interactions with regulators. Trade secrets are confidential business information that provides a competitive advantage. They can contain many elements such as sales methods, promotional strategies, business plans, customer lists, and other trade secrets. The unauthorized use of this information is also considered an unfair practice. “This practice is particularly well informed about the ever-changing advertising industry. They make it a point of honor to stay abreast of new developments in the world of advertising, as well as innovations in other areas that could have an impact on the advertising industry. They fill in this knowledge and publish a newsletter that keeps all their customers informed of these changes/innovations.
Hannah Taylor is a trusted resource for transactional advertising and marketing work. Enforcement of the Consumer Protection Act covers a variety of regulatory legal issues initiated by federal and state authorities. Trends in marketing-related advertising and enforcement include the development of issues affecting litigation over alleged violations of unfair and misleading laws on business practices, such as Section 5 of the FTC Act. A blockchain is a digitized and decentralized public ledger technology for cryptocurrency transactions, including those involving Bitcoin. A cryptocurrency is a digital or virtual currency that uses encryption techniques to secure transactions. As the main federal consumer protection and competition promotion agency, blockchain raises a number of concerns for the FTC, as digital technology is used by those who act illegally. The FTC`s cases involving virtual markets have now joined those involving traditional markets. Consent is one of the six legal bases on which personal data can be processed (Article 6 of the GDPR) and its crucial role is underlined by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union. 4 para. 11 The GDPR defines consent as “any specific, informed and unambiguous indication of the wishes of the data subject, given voluntarily, by means of a statement or a clear positive action by which the data subject indicates that he or she consents to the processing of personal data concerning him or her”. Consent requirements under the GDPR do not apply as an additional obligation, but as a prerequisite for lawful processing.
Where the processing of personal data is carried out for more than one purpose, each purpose should be separated and consent should be obtained for each of them (unless there is a different legal basis). The consent must be specific, as set out in Article 6(1)(a) of the GDPR, which confirms that the data subject`s consent must be given in relation to “one or more specific purposes”. However, specific consent can only be obtained if the data subjects are expressly informed of the intended purposes of the data concerning them, which is quite difficult in adtech. Advertising performance data has long been an issue for businesses, and legislation could solve that problem, Castro said. It could also begin by addressing concerns about platforms that favor their own products over those of a competitor, as the proposed bill would require transparency in the advertising process. The term AdTech refers to a combination of advertising technologies – mostly available on the internet – that allow advertisers and brands to better engage with their audience and leverage the value of their data. For example, AdTech enables more targeted targeting of potential customers more accurately and individually through cookies, pixel tags or other online tracking tools. In New York, Davis+Gilbert LLP has a long-standing and deep-rooted reputation in the advertising and marketing industry. It supports a wide range of clients, from agencies and brands in all product categories to data-driven services and platforms, across the full range of advertising topics, including new technologies.
