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Social media is a powerful tool your startup can use to engage with its target market. You probably already recognise social media’s significance in building your brand’s identity and driving sales and growth. However, with increased online visibility come legal risks. To mitigate these risks, your startup should include effective legal disclaimers on social media posts. Disclaimers can help clarify your content’s intent and ensure compliance with relevant laws and regulations. This article will provide several vital tips for creating effective social media disclaimers for your startup.
1. Familiarise Yourself With the Relevant Laws and Regulations
To generate effective disclaimers, you must understand what the law requires of your startup. There are a series of different laws and regulations that might apply to your startup’s activities on social media, including:
- advertising law;
- online safety law; and
- data protection law.
Understanding the legal landscape of social media advertising will help you ensure your brand clearly discloses its advertising. For example, you should familiarise yourself with the Committee of Advertising Practice’s Code (CAP Code). The CAP Code outlines the rules around non-broadcast advertising. The Code applies where your startup uses non-paid and paid-for marketing from or by marketers:
- with a UK company address;
- targeting people in the UK; or
- from a website domain ending in ‘.uk’.
2. Be Clear
Clarity is vital in any disclaimer. You should ensure that your disclaimers are easy to read and understand, avoiding legal jargon and using straightforward language. Another goal is to communicate the disclaimer’s importance to your audience.
When you use a disclaimer, display it prominently rather than concealing it in fine print. For example, you might place a disclaimer:
- at the beginning or the end of text-based posts;
- directly within image or video-based content; or
- in a highlighted or pinned comment.
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3. Tailor Disclaimers
There are many different social media platforms and types of content. There are also several different types of disclaimers you might use. You should customise disclaimers based on the type of content you share. For instance, product promotions, user-generated content, and informational posts may each require different disclaimers.
The disclaimers you use depend on many factors, including your startup’s industry, the content it shares online and the claims it makes about its products or services.
Your startup’s social media content will likely take many different forms. Predominantly, however, you will likely post content online promoting your brand. When posting, it is essential to identify any advertising. Often, a legal disclaimer does not need to be a large portion of text but a quick ‘[ad]’, for example, to show that a piece of content is an advertisement.
4. Disclose Affiliate Relationships
If your startup uses affiliate marketing, you should require your affiliates to use specific disclaimers. Whether paid or unpaid, ensure they clearly disclose each promotion to their audiences.
Sometimes, founders have their own growing social media platforms separate from those of their brand. A key aspect the Advertising Standards Agency (ASA) has recently highlighted is the importance of appropriately labelling posts as ads, even when promoting your brand’s products and services on your personal social media accounts.
5. Seek Legal Advice
It is a great idea to consult a lawyer for professional advice when drafting social media disclaimers. They can help ensure your disclaimers are comprehensive and legally sound, tailoring them to your startup’s needs.
6. Regularly Update Your Disclaimers
You should regularly review and update your startup’s disclaimers to ensure they comply with current laws and regulations as these change over time. Your business will also evolve, so ensure that its disclaimers accurately reflect your business practices.
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Key Takeaways
Your startup can use social media marketing and social media channels in many different ways. Moreover, you can customise the content of each particular disclaimer for each kind of post. When drafting legal disclaimers, you should ensure that they are clear to potential customers. When using a disclaimer on social media, display it prominently rather than burying it in fine print.
Effective legal disclaimers can safeguard your startup from potential liability and demonstrate your commitment to transparency. Incorporating these tips can help your startup navigate the complex legal landscape of social media and UK advertising regulations. By carefully considering the content and disclaimers your startup and its affiliates share online, you protect your startup’s interests and foster trust among your audience.
If you would like legal advice about writing effective legal disclaimers for your startup’s social media, our experienced startup lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A disclaimer clarifies and aims to protect the rights and responsibilities of the parties involved. For example, social media posts advertising a good or service must disclose that they are an ‘AD’. Failure to do so will result in legal consequences.
In short, there are legal consequences for not disclosing disclaimers. For example, advertising law,
online safety law, and data protection law govern the majority of disclaimers.
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