Top 10 Legal Updates to Know Before Launching Your Social Media Marketing Campaign

Posted On: Oct 11 '11 | By

Today’s top ten comes from one last weeks Social Media Legal Risks and Strategies Summit.  Attorney and Speaker, Dina Leytes spoke on the first full summit day and provide this list of the Top Ten Legal Updates to Know Before Launching Your Social Media Marketing Campaign:

Top 10 Legal Updates to Know Before Launching Your Social Media Marketing Campaign

As companies of all sizes increasingly turn to social media to generate revenue, increase consumer engagement and build brand loyalty, it is important to stay current on the evolving laws associated with various social media platforms. Companies that plan to market through social media must implement a strategy for permissible employee use, User Generated Content, privacy, promotions, and more.  Whether you use Facebook, Twitter, YouTube or more, here are the top 10 legal updates and strategies that you need to know before launching your social media marketing campaign:

  1. Promulgate common sense social media guidelines and provide employees with trainings for social media use.
  2. Social media policy and trainings should cover personal social media use as well as use on behalf of the company.
  3. If encouraging employees to use social media to promote the company, make clear who owns and controls the company’s trade secrets and intellectual property, including social media content, contacts, websites, trademarks and logos.
  4. Update privacy policy and terms of use to accurately reflect what happens to information collected, including ownership of any user-generated content.
  5. If users are contributing content, designate an agent under Digital Millennium Copyright Right Act (DMCA) to reduce likelihood of liability for copyright infringement.
  6. Update the company’s e-discovery approach and make sure that you include social media activity and cloud computing because it is discoverable.
  7. Identify a strategy for negative or defamatory reviews or commentary on social media sites.
  8. Review requirements for ads, promotions and sweepstakes on social media sites because they are constantly changing.
  9. Use Facebook and other social media to screen job candidates at your own risk.
  10. The National Labor Relations Board (NLRB) continues to bring cases against employers who use information from social media sites to retaliate against employees.  Track NLRB decisions to make sure that you are in compliance.


Interested in learning more about social media legal risks and strategies? Consider attending Social Media Strategies Summit in Las Vegas February 7-9, 2012.  This event is a 6 track summit: 1) B2B 2) B2B 3) Nonprofit/Government 4) Regulated Industries 5) Small – Medium Size Business 6) Entertainment with 12 interactive workshops.  Register today for early bird pricing.


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