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Social Media Marketing ... the right way


In 2012, UK businesses spent over £800 million on online marketing activities*, writes Debbie Brett, partner, company commercial, Blandy & Blandy LLP


The excitement of developing and delivering your business’ social media marketing campaign may mean that the legal risks associated with it pass you by – until it’s too late. Here are three tips to ensure compliance.


1 An ad should look like an ad – increasingly creative marketing campaigns continue to push the boundaries. In 2012 the Advertising Standards Agency (ASA) handled its first complaint about a Twitter advertising campaign run by Nike. Tweets posted by footballers Wayne Rooney and Jack Wilshere on behalf of their sponsor, Nike (UK) included the following link to the Nike website: #makeitcount gonike.me/ makeitcount


On the strength of just one complaint about the tweets, the ASA decided to investigate. The


question was whether the tweets were obviously identifiable as marketing communications as required by the CAP code (the code with which all advertising must comply).


The ASA took the view that the average Twitter user would be following a number of people, and would therefore receive a number of tweets throughout the day, which they may scroll through quickly. In their view the Nike reference was not prominent and the #makeitcount campaign so new that not all Twitter users would be aware of the players’ affiliation with Nike. The complaint was upheld and Nike withdrew the ad.


The ASA specifically referred to the absence of an indication such as #ad or #spon, as a factor in their decision to uphold the complaint. As well as


a breach of the CAP code, a failure to ensure an ad is identifiable as an ad may also be regarded as an unfair practice and breach the Consumer Protection from Unfair Trading Regulations.


2 Ensure compliance with the CAP code – from May 2011 the online remit of the ASA was extended to include business’ own websites and social media channels. The CAP Code will therefore apply to all marketing communications in this arena. In 2012, 27% of all complaints handled by the ASA were in relation to online marketing communications. The ASA maintains a list of non-compliant online advertisers and there are currently over 40 listed on its website.


3 Respect privacy – it is essential that businesses comply with legislation governing data protection and privacy if they are collecting personal data from individuals through social media. Some organisations have been caught out, mistakenly believing that


information to which they have access through their “friends” on Facebook may be legally used for marketing purposes – that is not the case.


Finally, each social media platform will have its own rules and regulations governing product promotions and those rules should always be respected.


*Source: Internet Advertising Bureau


Details: Debbie Brett Debbie.brett@blandy.co.uk 0118 -9516826


Briefings and training on offer from WK Law


Wilkins Kennedy Chartered Accountants' specialist solicitors group WK Law launches new briefings and in-house training courses for 2013


WK Law was launched in 2010 by top 20 UK chartered accountancy firm Wilkins Kennedy LLP to provide specific tailored services to businesses operating within the legal profession.


The group regularly hosts informative breakfast briefings for law professionals across the south of England, with the opportunity to network with fellow law firms and to discuss issues relevant to the sector with professional chartered accountants and specialist tax advisers.


Attendees have the opportunity to listen to presentations ranging from the new SRA handbook, budget and tax updates and planning points, audit and accounts requirements, practice issues, Lexcel advice, compliance matters and more, with each


briefing finishing with a Q&A session. Attendees are encouraged to propose topics for future seminars so that presentations are relevant and informative to those solicitors that attend.


To consolidate their expertise in the legal sector, 15 staff and partners at Wilkins Kennedy are Lexcel-accredited consultants, having completed the Law Society’s Lexcel training program. All WK Law seminars and briefings are CPD accredited with the Solicitors Regulation Authority.


Tommy White, partner at Wilkins Kennedy, says: “Based on our extensive experience working with the legal sector, we launched the WK Law briefings to help law firms and practitioners make sense of the relevant regulations and support clients in meeting


THE BUSINESS MAGAZINE – THAMES VALLEY – MARCH 2013


compliance officers (COLP and COFA).


WK Law has over 60 members, a regular e-newsletter and a discussion group on LinkedIn.


For further information on SRA briefings, WK Law newsletters or bespoke SAR in-house training please email: wklaw@wilkinskennedy.com


Tommy White


their day-to-day and ongoing obligations with the SRA.”


In 2013 Wilkins Kennedy is also rolling out in-house SAR training course for law firms wishing to take advantage of a bespoke course tailored to their specific needs, including the new obligations for


www.businessmag.co.uk


Details: Tommy White 01784-435561 tommy.white@wilkinskennedy.com


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