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Running an online business is not just about selling a product or service but about building your brand using your marketing budget. To grow your eCommerce website, your target audience needs to be aware of it. One way to ensure brand awareness of your online marketplace is through marketing. A typical way many eCommerce sites market their brand is online through social media platforms. There are many channels in which to run marketing campaigns to social media users, and your Facebook business page is one. When you market your eCommerce business to potential customers on Facebook, you must ensure you abide by legal obligations. This article will detail some legal considerations when marketing your electronic commerce site to consumers on your Facebook page.
Marketing
Marketing is an essential activity for most businesses. If you are marketing a new business, effective marketing will likely be vital to the business’ long-term success. As an online eCommerce business, this is very important as you are not physically visible to passersby in the way a physical company in a commercial property is. Below, we look at some legal considerations when marketing on Facebook with your online business.
Terms of Use
An initial legal consideration when marketing on Facebook is to check the social media channel’s terms of use for advertising. As an online brand, you know how vital your terms of use are and no doubt expect your website users to check them. The same applies to your eCommerce brand when you use another online site, such as to market on Facebook.
Facebook has specific terms of use concerning advertising on the social media site, and some you may not have anticipated. For example, Facebook’s terms of use point out that you are liable for your marketing on their site in relation to any legal issues it may cause. It offers guidelines relevant to specific products, but it is up to your eCommerce business to ensure compliance with its terms.
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Advertising
When you market your online business on Facebook, you are effectively advertising. A legal consideration when advertising on Facebook is to show that you are promoting so others can identify this. When this can often be obvious, it depends on how you market your online brand. For example, Facebook allows you to conduct marketing through labelling influencer marketing, which customers can have trouble spotting as an advert. Therefore, you must ensure you label it as a form of marketing. When doing so, ensure that you do so:
- near to the start of the post,
- large enough to be visible;
- consider a contrasting colour, and
- do not only include a disclosure that the reader has to click on to see it.
Reputation
An essential legal consideration regarding marketing on Facebook is being mindful of exactly what you say when you post about your e-commerce brand. You need to market your business responsibly, which means telling the truth and not damaging the reputation of others. If you post something that damages another business, you could find your business faces an accusation of defamation.
You should also consider the reputation of your own online business when marketing on Facebook. If, for example, your eCommerce brand is part of a regulated industry, you should ensure your social media marketing is:
- accurate;
- general; and
- does not contain confidential information.
It is also essential to include a disclaimer with your marketing on Facebook if you are part of a regulated industry. This should point out that your marketing on Facebook is for the purpose of passing on information or opinion and is not a form of advice.
Audience Awareness
It is essential to consider potential audiences when marketing on Facebook. This is because your Facebook marketing must be socially responsible. Being socially responsible requires you, as an eCommerce brand, to ensure you use targeting tools to ensure your marketing will be seen by those whom it is suitable for. If you cannot use these, you should consider reliable evidence which will let you know the demographics of your potential audience. For example, if your online business is an alcoholic drink brand, you must ensure your product will not reach someone under the age of 18.
This factsheet sets out how your business can become GDPR compliant.
Key Takeaways
Marketing your online business is essential to help build a successful business. One way you may market your eCommerce brand is through Facebook. When marketing using Facebook, like with other social media marketing, you must consider the legal aspects of this. Importantly, you must comply with the Facebook terms of use for marketing. You also need to make clear in your marketing that it is a form of advertising.
If you need help understanding the legal considerations concerning marketing your business on Facebook, contact our experienced eCommerce lawyers 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.
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