master track b: "exploring 'identity' from a consumer & agency/brand...

EXPLORING ‘IDENTITY’ FROM A

CONSUMER & AGENCY/BRAND

PERSPECTIVE Vejay G. Lalla

Davis & Gilbert LLP

vlalla@dglaw.com

212.468.4975

ENGAGING WITH ONLINE CONTENT

JOINING THE CONVERSATION

ENGAGING WITH ONLINE CONTENT

JOINING THE CONVERSATION

USING ONLINE CONTENT

USER-GENERATED CONTENT

USING ONLINE CONTENT

USER-GENERATED CONTENT

Some applications streamline

the user upload, rights and

permissions process

USING ONLINE CONTENT

USER-GENERATED CONTENT

Many states require written releases to use a person’s name, image,

or likeness

Using hashtags may not constitute a valid form of consent:

• For example, #Consent may not be sufficient

• What about a more unique hashtag? Does this constitute implied

consent?

• What about “clicking” or checking a box to obtain consent on a

microsite?

• Think about obtaining a formal release as well as consent

USING ONLINE CONTENT

USER-GENERATED CONTENT

Guidelines for reducing risks posed by the use of hashtag consent:

• Comment on applicable user’s post to request permission

• Disclose intended use in call to action

• Include a link in the CTA to submission terms and conditions

• Do not use content in a previously undisclosed manner without

additional consent (i.e., authorized use must cover each and every

intended use)

• Always obtain a formal release from a minor’s parent or guardian

USING ONLINE CONTENT

POTENTIAL RISKS

USING AND LEVERAGING ONLINE CONTENT

PUBLISHERS, AGENCIES AND BRANDS

CREATING AND PUBLISHING CONTENT

PROCESS

Development and legal review

Creation Agency review

Client review Final Legal

Review Publish Monitor

• Legal should be involved from the concept stage to review traditional as

well as online media for potential risks

• After agency content development and creation in conjunction with the

client, legal can continue to monitor the conversation around the content

CONSUMER DATA

NEW TECHNOLOGIES AND CONSUMER PURCHASES

CONSUMER DATA

COLLECTION AND USE

Federal Trade Commission – March 2012

Protecting Consumer Privacy in an Era of Rapid Change – OBA and

Self-Regulatory Principles

• Transparency and consumer control (especially in the mobile

environment)

• Reasonable security, and limited data retention, for consumer data

• Affirmative express consent for material changes to existing privacy

promises

• Affirmative express consent to (or prohibition against) using sensitive

data for behavioral advertising

CONSUMER DATA

COLLECTION AND USE

CONSUMER DATA

COLLECTION AND USE

QUESTIONS? Vejay G. Lalla

Davis & Gilbert LLP

vlalla@dglaw.com

212.468.4975