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How to use this Checklist Establishing a website can deliver substantial advantages for a business’s online presence. However, in the process a business may face infringing behaviour by competitors or others, including AI-enabled scraping of content. This Checklist sets out the main matters to weigh up when handling or acquiring website materials—such as programme code, text, graphics, images and multimedia. Pinpoint intellectual property rights (IPRs) and ownership; technical protection measures (TPMs); terms of use; special contractual terms; monitoring; copyright policy; data privacy; intellectual property notices; taking action against infringers; domain names. It does not address issues relating to website development, compliance or management, nor the use or upload of user-generated content. If dealing with website development or with website management and compliance, see: Practice Note: Website design and development Websites and the internet—issues to consider—flowchart Website terms and conditions—checklist, and Website development agreement—checklist The third...
How to use this Checklist Use this Checklist when mapping out a digital marketing campaign. The emphasis is on marketing‑specific requirements, and it does not deal with general matters connected to transactional activity (eg contract formation and distance selling). It spans media selection, territorial targeting, agency contracts and agreements, data protection and safeguarding, advertising compliance, user‑generated content and material, influencer engagement and partnerships, prize and price promotions, and behavioural advertising. It also looks at adherence to the legislative and self‑regulatory regime in the UK, including the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non‑broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, via their mobiles, tablets and video game consoles, almost everywhere else. Alongside unrivalled potential audience numbers, it gives brands the chance to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are moving...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Reputation management Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies DSIT releases report and impact assessment on copyright and artificial intelligence DSIT, the Department for Culture, Media and Sport (DCMS) and the Intellectual Property Office have jointly issued a report and an impact assessment exploring the use of works protected by copyright in the training and development of AI systems. These have been published pursuant to sections 135 and 136 of the Data (Use and Access) Act 2025. See: LNB News 18/03/2026 44. EDPS unveils Compass on supervision and enforcement under the EU AI Act The European Data Protection Supervisor (EDPS) has released its Compass setting out its expanded role under the EU AI Act as a market surveillance authority...
AI technologies can be applied throughout the advertising landscape, from fine-tuning programmatic buying and audience targeting to creating content. The digital marketing sector has, in fact, drawn on such tools for years—virtually every participant in the online ad ecosystem, including exchanges, networks, publishers, social platforms and brands (or the media agencies purchasing on their behalf), has relied on AI to varying degrees to steer spend, conduct real-time bidding and sales, generate reports, deliver and target at scale, and assess campaign performance. For additional insight into the role of non‑generative AI in digital advertising, see the Further resources referenced below. By contrast, the recent boom in generative AI solutions and technologies (described as ‘AI systems’ in this Practice Note) has transformed the market and shaken established monetisation approaches. Each wave of change brings fresh commercial possibilities alongside novel legal exposures for stakeholders throughout the ecosystem and increased regulatory scrutiny...
Practice Note This Practice Note highlights some of the principal legal considerations to bear in mind when engaging in online trade with consumers. The term ‘consumer’ varies across statutes, yet typically denotes a natural person acting for reasons wholly or chiefly beyond that person’s trade, business, craft or profession. Broad commercial law topics—such as the state of goods, standard of services, competition, and taxation—are not examined in depth in this Practice Note. Additional legal obligations may influence particular online ventures depending on sector-specific regimes or the nature of the goods or services offered (eg rules relevant to financial services, consumer credit, ticket sales or resales, unsolicited products, auctions, gambling, or online pornography); where pertinent, these should be reviewed and likewise fall outside the scope of this Practice Note. For guidance and commentary on business-to-business (B2B) e‑commerce, consult Practice Note: Business to business e‑commerce—legal issues. This Practice Note includes references to assimilated law. Assimilated law is the term applied to retained EU law (‘REUL’) that continues to have effect after...
This Practice Note explores key risks arising from a brand’s use of social media and user-generated content (UGC). It focuses in particular on the risk of infringing third-party rights, including intellectual property (IP). It also offers practical guidance to help those engaging with UGC reduce these risks. Social media Social media is a hugely popular way to communicate online. Driven by participation and interaction, it appears in many formats, including: online social and professional networking (eg Facebook, LinkedIn, Snapchat, Instagram) online blogs (eg Twitter (now X), Blogger.com) online forums (eg Mumsnet, Reddit) online shops and auctions (eg eBay, Amazon) online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) online reference texts (eg Wikipedia) online games and applications (eg World of Warcraft) User-generated content More and more, businesses invite consumers to add material to social platforms and weave these contributions into customer-facing advertising and marketing initiatives. This may involve contributions to a brand’s page on,...