Venable partner Po Yi was quoted in an article about the legal AR/VR pitfalls marketers should avoid in the July 10, 2017, issue of Marketing Dive. The marketing world has been awakened to the potential of augmented reality (AR), along with spurring interest in its high-tech cousin virtual reality (VR). But, as businesses and the public begin to adopt AR and VR more broadly, some surprising legal pitfalls are surfacing that could easily catch brands less familiar with the immersive and experiential technology space off-guard.
Marketers need to remain cognizant of how AR and VR experiences can cause people to act. Yi noted that VR has been linked to nausea and other physical ailments. She suggested marketers consider age restrictions and certain kinds of disclaimers to cover their bases in that regard.
Yi said AR and VR experiences actually heighten privacy issues because of the vast data that can be collected, such as user location and behavioral information. "The disclosure has to accurately say what you are doing," she said. Stemming from that, marketers must carefully consider what data they want to collect from an experience and whether it steps outside of legal and ethical boundaries.
"Is it being fully disclosed to users and what kind of data security is there?" asked Yi. "Potentially, this could be problematic because of the type of data collected. It's more personal, even if it's not identifiable."
"I think you need to be aware of the consequences of your actions," Yi said.