SocialMediaLegislationThere are various legal problems and pitfalls when using social media in organizations that can arise both in the use of images and in the wording, or even in the terms of use of the social network. The spectrum ranges from competition law to copyright and data protection.

Companies should consider the following when using social media:

  • Appointing a social media manager
  • Establishing social media guidelines
  • Making sure that the social media monitoring fulfills the requirements of the General Data Protection Regulation (GDPR)

Implementing comprehensive site terms of use that prohibit uploading of infringing, defamatory, obscene, or otherwise unlawful or offensive content is recommended, as well as paying particular attention to defamation laws and prohibitions on unfair or deceptive acts such as false advertising. Do not engage in or permit unethical marketing practices, including posting fake blogs, fake positive reviews, or fake negative reviews of competitors.

To stay legally correct when using social media, just ask yourself questions like the following:

  • What are the terms of use in the selected social network? To what extent does the network get rights granted to the content that I created?
  • Did I understand how the different social media platforms work (by reading their terms and conditions) and know how each distributes information?
  • Does the name of the social media account violate third-party brand or name rights?
  • Is there an easy-to-find imprint? Are correct company details given there?
  • Has a link to the website's data protection declaration been set? Is there an explanation of the social media networks in the website’s data protection declaration?
  • Are only verifiable facts published in the account?
  • Is only image, video or sound material used that belongs to the company or that the author has given permission to use? Do license agreements have to be considered when posting images or graphics?
  • Does content link to illegal websites?
  • Are articles about competitors' products or brands correctly written in terms of competition law? Etc.

By MediaBUZZ