The area of conflict between advertising and data protection not only presents advertising agencies, but also all companies and self-employed persons who want to draw attention to themselves in advertising, with not inconsiderable data protection challenges. Nowadays, in addition to the classic advertising campaigns (e.g. advertising posters, newspaper advertisements, advertising flyers), advertising measures on the internet, in social media, on radio and on television are particularly important in order to address a broad audience.
The dissemination of information on services and products has always been an integral part of the sales promotion activities of companies. This includes above all the acquisition of new customers and new business partners.
Advertising measures must comply with data protection and copyright regulations, which are sometimes very strict and which, in the event of violations, are subject to sometimes heavy fines and other sanctions imposed by data protection supervisory authorities, public authorities or warning letters (e.g. lawyers). The General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), the Unfair Competition Act (UWG), consumer protection rights, trademark and copyright laws play a central role as legal requirements.
In order to implement successful advertising measures, a large number of legal framework conditions must be clarified in advance during the planning phase, in addition to the question of target and person groups, which arise in connection with the implementation of advertising measures in conformity with data protection regulations. When choosing the advertising strategy, the specific requirements of the means of communication or the distribution channel of the advertising measures must be taken into account (e.g. email, telephone, post, newsletter, radio, television, apps, advertisements on the internet or in social media).
A selection of necessary measures include handling contact data in compliance with data protection regulations, obtaining consent of any kind (e.g. image and usage rights), ensuring duties of information and transparency and observing personal rights.
The successful planning and implementation of advertising measures requires comprehensive advice and ongoing support from specialized lawyers in order to avoid fines, the assertion of claims for damages, damage to image, the loss of orders to competitors and ultimately to minimize liability risks.
Our law firm advises in all areas of advertising, including the following topics: