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You’re invited to an ANA and Reed Smith Webinar: “GDPR, ePrivacy and Advertisers: Sorting out the Confusion”

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

International Consumer Protection Agencies Will Share Intelligence About Business Practices

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

For Media Transparency, The Stars Are Starting to Align in the United Kingdom

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

Cell Phone Manufacturer and Firmware Provider Hit with Consumer Class Action Over Extracting and Transmitting User Information Without Consent

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

Running a Sweepstakes in France is Less Misérables

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

UGC Update: Italian Regulators Address User-Generated Content Promotions

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’s Battle For Airtime Continues To Bubble

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

European Mobile Operators Back App Privacy Guidelines

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

Google vs. the World (and the EU, too.)

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

Privacy Challenges in Marketing Practices European (over)ruling of the use of personal data?

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

For Privacy, European Commission Must Be Innovative

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

Super Bowl XLV: The Stakes Were High On and Off the Field

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

UK Data Privacy Development

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 Trade Mark Policy – Buyers Beware

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

New Copyright Law in Chile

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

Political Advertising – Legal, decent, honest and truthful?

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

Finnair’s Eco Ad Has Its Wings Clipped

This post was also written by Alun J. Jones. On January 6, 2010, the UK’s advertising watchdog, the Advertising Standards Authority (the ASA), issued a decision upholding complaints it received against a poster that promoted the Finnish airline, Finnair. The poster featured an image of an Airbus flying above Finland’s coastline and stated, “Be eco-smart. Choose … Continue Reading

Arms’ War in Italy: Aggressive Marketers Versus Privacy Watchdog

This post was written by Avv. Felix Hofer, and first appeared in Volume V of the Gala Gazette. 1. Implementing both, EU Directive 2002/58/EC of July 12th, 2002 (Directive on privacy and electronic communications) as well as Directive 2000/31/EC of June 8th, 2000 (Directive on electronic commerce) the Italian legislator decided that unsolicited commercial communication … Continue Reading

Advertising and Online Music: An Overview

This post was written by Laura Hicks. This article was previously published in Media & Marketing Online. It is no secret that the consumer habits for accessing and consuming music are changing incredibly quickly. In December 2009, radio audience measurement body Rajar revealed that 4.5 million people in the UK regularly use personalised online radio … Continue Reading

Advertising Fake Drugs May Result in Criminal Liabilities in China

This post was written by Michael Dardzinski. The Supreme People’s Court and Supreme People’s Procuratorate on May 27, 2009 jointly issued “Interpretations on Several Issues Regarding the Application of Law on Criminal Cases Concerning the Production and/or Sale of Fake and Substandard Drugs” (“Interpretations”) to address the serious crimes of manufacturing and selling counterfeit and/or … Continue Reading

(In)Game Advertising: The European Perspective on Related Legal Problems

This post was written by Avv. Felix Hofer. 1. When I came around ‘game advertising’ for the first time my attitude as a lawyer, not necessarily familiar with what I – snobbishly – considered as basically being “kid’s or nerds’ stuff”, was obviously extremely skeptic. Running more and more frequently into articles published on the topic, … Continue Reading

Italy: The Use of a Person’s Image

This post was written by Avv. Felix Hofer. 1. The general principle is that the use of a person’s image without his/her consent is basically prohibited (this even more if such use is performed for marketing or – in general – commercial purposes). In Italy the right on a person’s image is governed both by … Continue Reading
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