A California federal court granted Singapore-based hotel booking firm Agoda Company Pte. Ltd.’s (“Agoda”) motion for summary judgment in a case involving alleged violations of the Telephone Consumer Protection Act (“TCPA”). The plaintiff alleged that the confirmation text he received after booking travel on Agoda’s website [“Good news! Your Agoda booking [number] is confirmed. Manage … Continue Reading
Recently, the German media regulators, the State Media Authorities (Landesmedienanstalten), issued a joint guidance paper on marking adverts on social media. For more information, click here. … Continue Reading
We are all familiar with celebrities and social media stars using their social media accounts to promote brands and products. For some, it is their main source of income and they can make millions in endorsement and sponsorship deals. Major TV and sports icons can command hundreds of thousands of pounds per post, which may … Continue Reading
The European Union’s General Data Protection Regulation (GDPR) is underway, and companies and organizations around the world are analyzing its effects on how they collect, use, store and disclose data. U.S.-based sponsors of sweepstakes, contests, instant win games and other promotions opening entry to or targeting Europeans need to be mindful of the GDPR rules … Continue Reading
At the end of March the European Commission issued a “Notice to Stakeholders. Withdrawal of the United Kingdom and EU Rules in the Field of Copyright.” It is a helpful but notably incomplete summary of the legal repercussions of Brexit on copyright law in the UK and EU. In what ways is the Notice incomplete? … Continue Reading
The much-awaited Decree No. 2017-159 of February 9, 2017 on digital advertising services (the “Sapin Decree”) has entered into force as of January 1, 2018. This Decree adapts the rules of the French Sapin law of January 29, 1993 – originally introduced for traditional media, i.e. television, radio and press – to digital media and … Continue Reading
As we’re now less than a year away from the GDPR taking effect, there is a lot of confusion out there over myths versus reality. Reed Smith presenters will participate in a webinar hosted by the Association of National Advertisers (ANA) that will explore the practical considerations and the new thinking that brands and their … Continue Reading
On June 30, 2017, the Federal Trade Commission (“FTC”) announced that the International Consumer Protection and Enforcement Network (“ICPEN”)—an international network of more than 60 consumer protection agencies—updated its website. Although seemingly minor, this update represents ICPEN’s continued efforts to coordinate resolution of international consumer protection issues. For consumers, the ICPEN website is both informative … Continue Reading
UK-based media agency, the7stars, recently announced it would adopt the Incorporated Society of British Advertisers’ (ISBA) template agency agreement—an arrangement designed to foster a transparent relationship between advertisers and media buying agencies. Since K2 Intelligence released its report on the U.S. media buying industry in June—a report which detailed non-transparent business practices employed by media … Continue Reading
A recent class action lawsuit is alleging that cell phone manufacturer Blu Products, Inc. (“Blu”) and firmware providers Shanghai Adups Technology Co., Ltd. and Adups USA LLC (“Adups”) violated several federal privacy laws by selling cell phones containing firmware that collected user’s sensitive personal information and transmitted that information to servers in China. This complaint … Continue Reading
It’s not every day that one gets to observe a non-U.S. jurisdiction abandoning frustrating, idiosyncratic requirements on sweepstakes promotions, but – sacré bleu! – we’ve got one to report. For several years, international marketers have listed France among the jurisdictions included in their international sweepstakes and chance-based promotional games by conforming to certain unique French … Continue Reading
The power of user-generated content (“UGC”) as a promotional tool is ubiquitous and well understood; however, global marketers face challenges when trying to approach a campaign from an international perspective. A recent development concerning UGC contests in Italy has caught the attention of global marketers. A UGC contest usually involves a promotional prize event where … Continue Reading
SodaStream is continuing its battle to get its "sustainability" TV ads on air. In November 2012, SodaStream was forced by Clearcast, the body that advises on and pre-clears UK TV ads, to pull this TV ad, which formed part of its £11m ‘SodaStream Effect’ global campaign, just hours before it was due to air. The … Continue Reading
On Monday, the French Internet service provider, Free, reneged on its original decision to place a default ad-blocking filter on its customers' routers after receiving pressure from advertisers and the French government. To learn more about this story, read the latest post on our Advertising Compliance blog, ReACTS.… Continue Reading
On February, 27 2012, with the support of Europe’s largest mobile operators, the GSMA published a set of global Privacy Design Guidelines for Mobile Application Development. These guidelines come just days after the largest US based app providers, including Google, Apple and Amazon, agreed to legally enforceable privacy standards. Learn more by visiting our sister … Continue Reading
If you thought Google created controversy in the United States over its privacy policy change, you should read what Europe thinks about it. It appears the EU dislikes it even more than many U.S. pundits have opined. For the complete report from our Global Regulatory Enforcement Group, see their latest blog post.… Continue Reading
Reed Smith partner and ANA General Counsel Doug Wood said in an interview with the National Journal that if ICANN fails to respond to the ANA’s concerns, it may be forced to sue to block the proposal. “If they choose to ignore us, which I hope they don’t, then we will have no choice but … Continue Reading
This post was written by Avv. Felix Hofer. Multinational companies planning to target EU consumers with sophisticated marketing techniques may easily find themselves on a marshy ground, if they do not deserve sufficient attention to European privacy laws. Costumer profiling, monitoring and categorizing offers essential information for crucial business decisions, but have also to comply … Continue Reading
This blog post is republished by permission of the Center for Democracy and Technology where it first appeared. This post is part of “CDT Fellows Focus,” a series that presents the views of notable experts on tech policy issues. This month, CDT Fellow Omer Tene writes about the consultation launched by the European Commission to update … Continue Reading
115 million viewers. $3 million for 30 seconds of airtime. $210 million total advertising spend. Forget the Green Bay Packers and the Pittsburgh Steelers slugging it out for the Vince Lombardi trophy, the real game was being played in the Super Bowl’s commercial breaks. Super Bowl XLV, like its predecessors, produced some very well received … Continue Reading
As data privacy heats up on this side of the pond, last week the UK government announced a package of measures focused on extending the scope of the Freedom of Information Act (FOIA) and strengthening the independence of the UK’s data protection and freedom of information regulator, the Information Commissioner’s Office (ICO). The anticipated Freedom … Continue Reading
Google’s new trademark policy comes into play from the 14th September 2010 in UK, Ireland and Canada, and effectively most of Europe. The change has been received with differing views. One view is that it will ultimately result in a better surfing experience for users; the other is that it is nothing other than a ruse … Continue Reading
This post was written by Andrés Grunewaldt. On the World Intellectual Property day, we want to share the following information with you: After a long and intense congressional debate that began in 2007, the Chilean government has announced the promulgation of a law amending important and sensitive subjects covered in our current Intellectual Property Law No. … Continue Reading
It’s our pleasure to provide you with an article written by Marina Palomba, former Legal Director of the Institute of Practitioners in Advertising, and now a partner in our (Reed Smith’s) London office, which focuses on advertising law and regulation as it pertains to political campaigns in the United Kingdom. Marina’s article was first published … Continue Reading
