social media marketing compliance
TRANSCRIPT
Social media
Thursday 04 March 2010
Social media
Legal and business challenges informing a social media policy
Thursday 04 March 2010
“A powerful global conversation has begun. Through the Internet, people are discovering and inventing new ways to share relevant knowledge with blinding speed. As a direct result, markets are getting smarter—and
getting smarter faster than most companies.”
The Cluetrain Manifesto (2000) @ cluetrain.com
Thursday 04 March 2010
The Web has changed
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Its about being social ...
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... in the digital age ...
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... and increasingly in realtime.
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The social Web is not just about being shiny happy people ...
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Your clients are having conversations about you and the things that should matter to you
Are you even part of that
conversation?
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customers have new tools and a
longer reachThursday 04 March 2010
customers have new tools and a
longer reachThursday 04 March 2010
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... and so on ...
the network effect in social media
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Google joins the social Web in a big way
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You suck!
?!
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Social media = expression
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Freedom of expression can be
liberating
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Do you have control over the conversation?
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09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0
http://bit.ly/diggcodestory
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Getting the community involved
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... it can be a gamble ...Thursday 04 March 2010
Are your employees using ...
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Are your employees using ...
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You have to understand social
media
Sensitive information being disclosed?
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New(ish) buzzwords
brandsquatting
typosquatting
Cybersquatting (domain names)
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Manage your content licensing process
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The problem is that © ≠ sharing
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There are a couple options
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Existing law
• Bill of Rights (Chapter 32)
• Consumer Protection Act
• PAIA
• ECT Act
• RICA
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“POPIA”Thursday 04 March 2010
Informed consent!
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Categories of “personal
information”
Ordinary personal information versus special 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 policyThursday 04 March 2010
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When employees go astray
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Building on your success ...
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or building their own platforms with your tools
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Potential impact?Thursday 04 March 2010
Harness their passion
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Stay in the loop
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Remember its all about relationships
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Build better legal frameworks
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Terms of use
Don’t forget details like jurisdiction, choice of law and
ECT Act compliance
webtechlaw.com/anatomy-website-terms-use
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Ongoing review to ensure terms address
new developments
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Social media policy: framework
and structure?
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Why?
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You can’t afford to shy away from the
social Web
anymore
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The little people are having a profound impact
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Wide range of tools and services
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Perspective
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Give your people direction
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Case study
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The Coca-Cola Company
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Suggestions ...
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Principles or guidelines
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Issue escalation
How is policy governance handled?
What are the communication channels?
Where do you look for guidance?
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Keep it simple
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Consider all roles
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Co-ordinated approach
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http://www.saidwot.com/
what-we-say/
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Paul JacobsonWeb and digital media lawyer
Thursday 04 March 2010