November 21, 2019

Advertising Law News and Analysis

3 min

Operation Full Disclosure, Continued: FTC Releases Disclosure Guides for Influencers

Influencers, if you've ever wished you had a handy brochure on how to make proper disclosures in your sponsored posts, you are in luck. The FTC has issued a new guide, "Disclosures 101 for Social Media Influencers," along with three videos, that lays out the agency's guidelines for when and how influencers should disclose their connection to a brand. The principles are nothing new, but they are explained in a way that is straightforward and user-friendly, complete with hearts and thumbs-up emojis.

'Tis the Season: Renew Your DMCA Designated Agent with the US Copyright Office or Say Goodbye to Your Potential Safe Harbor from Copyright Liability

Have you renewed your DMCA Designated Agent designation with the Copyright Office yet? (If you are unfamiliar with DMCA Designated Agents, read below for an explanation.) Any company that may have previously qualified for the safe harbor from liability for copyright infringement under Section 512 of the DMCA will lose any ability to claim this safe harbor if the company does not renew its designation of agent within three years of the last online filing (or amendment), assuming you did this correctly between December 1, 2016 and December 31, 2017.

Demonstrating a Reasonable Cybersecurity Program Through a Strategic Risk Assessment

The privacy and cybersecurity legal landscape is constantly shifting, but one important principle remains unshaken: the requirement for companies to implement and maintain "reasonable" security programs. At both the federal and state levels (including the soon-to-be enforced California Consumer Privacy Act), companies have long been held to a standard of reasonableness in their protection of personal information and other sensitive data. Under any standard, the foundation of a reasonable security program is a comprehensive risk assessment. We explain the importance of the security risk assessment and how companies can undertake assessments in a defensible, strategic fashion.

7th Annual Advertising Law Symposium

Combining the experience and thought leadership of one of the nation's largest advertising law practices with key figures in regulatory and legislative government roles, Venable's seventh annual Ad Law Symposium on March 19, 2020 offers sessions designed to educate and innovate. Attendees span both the legal and business worlds, and include attorneys and clients working for some of the world's biggest brands. This complementary event features sessions that will cover broad trends and anticipated developments, as well as industry-specific hurdles, highlights, and more.

Venable at ANA/BAA Marketing Law Conference 2019

Venable LLP sponsored the 2019 ANA/BAA Marketing Law Conference held recently in San Diego. FTC Commissioner Noah Joshua Phillips provided the keynote speech. Among the topics of discussion were influencer marketing, with a focus on how influencers are being perceived and regulated differently around the world, and the common pitfalls to avoid when a U.S.-based company expands its advertising to run outside the U.S. Presentations and discussions spanned the world of data privacy and preparing for data breaches, strategies for performing diligence on vendors, and advice on conducting an incident response if a vendor becomes compromised. Attendees also heard updates on loyalty programs, subscription services and the legal framework around billing and payments in direct-to-consumer sales, and the impact of the new California Consumer Privacy Act regulations.