Compliance with laws affecting digital marketing

In recent years, digital marketing campaigns have become indispensable for companies because they help them to position their products or services in the market. However, there are laws that have been adapted so that users are not affected and that companies have to comply with.

It should be noted that, if companies do not comply with these laws, they can generally be sanctioned with economic fines that are generally not affordable. For this reason, in this article we tell you about all the laws that your marketing department should have.

Digital Markets Act

One of the novelties is the creation of the European Union’s Digital Markets Act, which is a regulation that was created to establish a series of rules for the activities carried out by technology companies and digital platforms. This is done so that users’ rights are better protected.

The law touches on issues such as the use of data in tracking-based advertising and advertising that uses personal data to target marketing messages. This means that companies will have to stop using personal data to target their campaigns, unless the user has given clear, explicit, renewed and informed consent.

Laws that may affect digital marketing

  • General Advertising Act

It affects all communications that are made in the exercise of a commercial activity. In other words, the information displayed must be truthful and not harmful to the user.

  • Retail Trade Act

If the company wants to offer its products through online sales, it must comply with the law. The rules are similar to those for physical shops, except that they do not have to apply for an opening permit.

  • Unfair Competition Act

It is a regulation that states that every commercial communication sent to users must make it clear how they can stop receiving such communications, regardless of the means by which they are sent.

  • Organic Law on Data Protection

It is a law that has caused a lot of problems for companies. This is because many are unaware of the processing of users’ personal data. Some of the consumer data that must be consented to in order to be used are: DNI, medical data, academic data, email, telephone, among others.

  • Information Society Services and Electronic Commerce Law

This is another important law because it helps you to know the way in which you should carry out commercial communications.

how can you comply with digital marketing laws?

  • Commercial communications

If we are talking about commercial communications that are made electronically, they must be clearly identifiable as such. For example, the word “advertising” must be included at the beginning of the message. On the other hand, there must be a procedure for revoking consent in these messages, which must be free and easy. It should be emphasised that one of the most criminalised practices is advertising harassment, whether by e-mail or any other digital means.

  • Right to be forgotten

It is important that the right to be forgotten can be enforced. This means that we have to remove any personal information from our database if the user so requests.

  • Cookies policy

The cookies directive must be known because the user must be informed about the cookies that are used on the page he/she enters and give his/her consent.

If you are a company and you want to know the laws to be able to have commercial communication with your customers, it is recommended to hire a lawyer. For example, LABE has lawyers in commercial, labour, legal, tax and bankruptcy law, which will help you in every area of your company and the treatment you should have with your consumers.