The Legal Implications Of Social Media Marketing In 2021 – Social Media – United States – Mondaq


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Social media platforms have become an increasingly common forum for social interactions around the globe. To illustrate their burgeoning popularity, Facebook, alone, garners about 1.9 billion unique daily users. Given the widespread usage of social media by consumers, many businesses are exploring ways to use these platforms as marketing vehicles. Social media marketing efforts may include inviting users to join groups/visit pages organized around a product, service and/or brand, advertisements targeted to individuals based on social media usage patterns, and the use of brand ambassadors, or social media “influencers.”
Just as social media venues are a relatively new phenomenon, the legal implications of social media marketing present a new and ever-evolving framework. Due to the significant risk of violating state and federal laws applicable to social media marketing, it is vital that businesses retain qualified legal counsel familiar with this emerging field of law.
For business owners that engage in social media marketing by either establishing a presence through social media accounts or through the retention of influencers, legal issues unique to the space must be addressed. Below are some social media marketing legal issues that should be considered before proceeding:
Without ensuring that contractual relationships, privacy policies and marketing practices include provisions that are necessary to comply with relevant social media marketing/data privacy laws, there is an increased likelihood that business owners may suffer significant regulatory and legal liability. Given the level of risk involved, it is recommended that businesses retain seasoned marketing law counsel. Such counsel can help ensure that any social media marketing efforts are conducted in compliance with applicable laws, rules and regulations, as well as the Terms of Use/Privacy Policies of social media websites.
Please note that this is only a brief overview of some of the legal issues surrounding social media marketing.
Similar blog posts:
Legal And Business Concerns Of The Newly Minted Social Media Star
Legal Concerns for Social Media Influencers: Product Endorsements
Legal Concerns For Social Media Influencers: Intellectual Property

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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