Table of Contents
In Short
- Use social media, press ads, and email marketing to grow your eCommerce business while complying with legal rules.
- Disclose paid ads on social media using clear tags like #ad and #sponsored.
- Ensure your email marketing follows GDPR and allows users to opt-out.
Tips for Businesses
Be transparent in your marketing by avoiding misleading claims, especially in ads. Ensure customer data is handled lawfully and always allow opt-outs in email marketing. Follow the rules to protect your business and build trust.
A vital part of any business is ensuring you market your brand successfully. This includes your company as an eCommerce brand. However, online businesses must comply with the law, or you could receive a hefty fine. This article will explain some ways of promoting your eCommerce business and some legal rules to be aware of when doing so.
Social Media
Social media marketing is a crucial way to promote your eCommerce business. For example, you may wish to use:
- Facebook;
- Instagram; or
- X (formerly Twitter).
Social media, for example, lets you communicate your message to potential customers, showcase your brand, and engage in two-way conversations with your target audience. Using social media platforms effectively can help you reach new potential customers while maintaining relationships with existing customers.
Legal Implications of Using Social Media
When using social media, you must be aware of the legal rules. One key area to ensure you comply with is if you are using social media to advertise, such as through endorsement, for example, the use of a paid influencer or blogger. The law requires you to make it clear that the social media post is an advert or endorsement, and this can mean you need to include hashtags such as:
- #ad; and
- #sponsored.
Press Advertising
One way to market your eCommerce store is through press advertising in newspapers and magazines. While you may focus on digital advertising as an eCommerce business, a bold and creative advert in the press can still bring customers to your online brand.
Legal Implications of Using Press Advertising
When engaging in press advertising, there are some legal rules you need to be aware of. For example, if your customers are consumers, you will need to comply with the Consumer Protection from Unfair Trading Regulations, which detail that you cannot, for example, use:
- false or deceitful messages;
- omit significant information; and
- use techniques to sell your online product or service that are aggressive.
You must comply with the Business Protection from Misleading Marketing Regulations if your online customers are businesses. Similarly, when advertising to consumers, these regulations require you to be accurate and honest about your product or service. However, they also prevent you from making misleading comparisons with competing brands.
When creating adverts, you should ensure the advert is accurate, including costs such as subscription fees and relevant taxes such as VAT.
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Email Marketing
Email marketing may be a perfect option for promoting your eCommerce brand. You can include links to your website and social media platforms, which is helpful for new customers and loyal customers alike. This means that personal customers could go straight to your business, improving your eCommerce marketing strategy.
Legal Implications of Using Email Marketing
When you carry out any email marketing, there are some legal rules you need to be mindful of. Email marketing is a form of direct marketing, and the rules on this say that you must check if customers want to be contacted and allow them to object. Each marketing email you send must allow this so they can unsubscribe in the future. In addition, you need to prove that your eCommerce business has done this.
Also, your emails must detail:
- who you are;
- that you are trying to sell a service or product; and
- what you are promoting, and any conditions attached to this.
Also, when promoting your eCommerce brand through email marketing, you must comply with the General Data Protection Regulations (GDPR) rules as you handle personal data. You need to handle data:
- lawfully;
- fairly; and
- transparently.
This includes, for example, ensuring that you have consent to use the data to promote your internet brand.
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Key Takeaways
When you engage in content marketing and promoting your eCommerce brand as a business owner, there are many methods you can choose. This article focuses on three strategies: social media marketing, press advertising, and email marketing. When you market your brand, you must comply with relevant laws. For example, when carrying out email marketing, the GDPR is relevant as you handle customer data. Also, when using social media, you must clarify whether a post is an advert or an endorsement.
If you need help understanding laws when promoting your eCommerce business, our experienced eCommerce 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
The GDPR is a set of rules regarding how you use personal data, such as ensuring you have consent to use it.
The Competition and Markets Authority (CMA) checks that social media posts that are adverts or endorsements are clearly marked as such.
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