Staying Legal

Legal Uncertainties and Considerations

Social media is largely untested in the Irish legal system so there is a lot of uncertainty in the marketplace. A question to ask is who can avail of intermediary service provider defences under E Commerce Regulations/E Commerce Directive in respect of

•    Defamation

•    Breach of copyright/Trade mark infringement

•    Breach of privacy/data protection legislation

Read more about legal uncertainty with Social Media

Consumer Protection

Commercial communications/advertisements must be
•    Lawful
•    Honest
•    Decent
•    Truthful

Read more about Consumer Protection with Social Media

Data Protection and Privacy

Personal information collected from users on-line (e.g. form filling, competition entries) is personal data, companies need to adhere to the data protection acts. Read more on data protection and privacy laws with social media

Defamation

Blogs and posts can be defamatory. Tracing bloggers and those responsible for postings can often be impossible. Who is liable for a website/social media page for a posting? Read more on defamation with social media

Relevant Laws

Copyright is an exclusive right to copy, make available to public and adapt and consent is required. This is different to the current culture of ‘free’ on the internet. Read more on relevant laws

Terms & Conditions

Where User Generated Content(UGC) permitted on website, terms and conditions
should include:
•    Clear statement of requirement that no defamatory material or material in breach of third party rights be posted. Read more about terms and conditions of social media usage

Our workshops will expand on these issues, to help your company get started with social media, Emarkable has created this Social Media Strategy Workshop that contains best practices, checklists, templates, tools and resources book a consultation.