E-commerce och marketing do´s and dont´s
In this article series, we provide guidance for business owners on the legal aspects surrounding e-commerce. This includes requirements for information disclosure, personal data handling, marketing, supplier agreements, and terms of purchase, among other things. It is especially useful for those who plan to start an online store and are new to “selling things online,” but also for those experiencing increased traffic to their website. Challenges are also opportunities.
Marketing is an art that becomes particularly clear when you aim to promote yourself via electronic channels. What seems simple at first glance can quickly turn out to be complicated once you launch your campaign. Why? Many assume that on the Internet and social media:
- Swedish regulations do not apply, and instead, other rules created by the users of the medium apply.
- It is so easy and cheap to get a message out via electronic channels that you might as well send it to everyone you can think of.
Unfortunately, this is not correct. It is therefore important for many to consider carefully what they do and what they want to communicate when conducting a marketing campaign. Even though the Internet and social media offer many fascinating and fun tools, not all of them are recommended. The Internet is not a lawless space—Swedish marketing law and GDPR are fully applicable in these channels.
Let us provide you with some simple rules to follow to stay on the right side of the law:
Be honest in both your message and who you are as the sender.
According to marketing law, you must clearly indicate who the sender of a marketing message is, that the message is sent for marketing purposes, and avoid exaggeration. When sending a message, do not hide behind a pseudonym or false name. Be transparent about who you are and which company is the sender.
In the introduction to your message—whether it is the header in an email, another communication channel, or the title of a social media post—it should be clear that the message is marketing. You don’t need to write “ADVERTISEMENT” in all caps, but your language should make it clear, e.g., “10% off if you shop before Easter” gives the recipient a clear understanding of the content.
When describing your offer—be honest about what you are promoting. We all know that marketing often exaggerates positive qualities, and I usually say a “white lie” is acceptable. What is a white lie? A good example is a parent telling their child, “In our family, we only eat candy on Saturdays,” but secretly enjoying a chocolate bar after the child is asleep. Applied to marketing, this keeps things at a reasonable level.
If you want to compare your product/service with an existing one on the market, your comparison must be accurate and measurable. Make sure your claim is correct and be prepared for pushback.
Know your audience and be precise.
When using electronic channels, it’s tempting to assume a “one size fits all” approach—sending the same message to everyone. However, this is often what causes some senders to be labeled as spammers—the recipient decides who is a spammer. Therefore, it’s important to tailor your message to the intended recipient.
This is easier if you can control who receives your message, which is possible in most social media and other communication channels. Consider carefully who your ideal recipient is. Is it Britta, 54, living in a quiet suburban home, or Tage, 25, living in an apartment in a vibrant city center? Segment your recipients accordingly and adapt your message.
Understand when consent is required to send marketing.
Obtain consent before sending marketing messages, but only when necessary. According to marketing law, prior consent is required if you send unsolicited marketing to an individual via email or SMS. This does not apply if the recipient is already your customer and you obtained their address during a purchase, or if you contact a person at their work email and the message is relevant to their professional role.
Make it easy for recipients to opt out.
If you use a marketing channel where the recipient can decline future messages, make it easy for them to do so. This is important for two reasons: first, life is too short to waste time on those uninterested in what you have to say; second, GDPR grants individuals the right to opt out of having their personal data used for marketing purposes. Ensure you have a reliable system to remove their addresses from your lists.
These are some answers to questions I have received over the years while working with marketing from a legal perspective. If you have other questions that have not been addressed or would like me to elaborate further, feel free to contact me or one of my colleagues—we will be happy to assist you.
By Axel Tandberg, Marketing Law Lawyer at LegalWorks
axel.tandberg@legalworks.se
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