New requirements for digital marketing and state interactive services

• New digital marketing requirements focus on data analytics, interactive services like AI chatbots, and compliance with regulations such as the EU's Digital Services Act (DSA). Businesses must adapt by enhancing data analysis skills, integrating interactive and engaging content, and ensuring advertising and content moderation are transparent to comply with laws that aim to make online services safer and more reliable. 
• New requirements for digital marketing
• Data and analytics: 
• There is an increased emphasis on data analytics to understand customer behavior and measure campaign effectiveness. 
• Interactive services: 
• Businesses need to integrate interactive elements like AI-powered chatbots to provide more personalized and immediate engagement with customers. 
• Content marketing: 
• The focus remains on creating valuable and relevant content, but with a greater need to adapt the content's form to be more engaging and interactive. 

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• Compliance:
• Adherence to regulations: Companies must comply with new and updated regulations like the EU's Digital Services Act (DSA) which came into full effect in February 2024. 
• Transparency: The DSA requires greater transparency in advertising and content moderation, making it crucial for marketers to be clear about their practices. 
• Combating illegal content: Businesses must have systems in place to address and remove illegal content online. 

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• Implications for interactive services
• Enhanced user experience: 
• Interactive services improve user experience through immediate responses and personalized content delivery.
• Data collection: 
• These services are a rich source of user data, which can be used to further refine marketing strategies.
• Compliance challenges: 
• Businesses must ensure that interactive services, especially those using AI, are designed to comply with data privacy and transparency regulations.

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• The European Commission (“Commission”) has initiated a review of the Digital Markets Act (“DMA”), i.e., the EU law designed to make platforms in the digital sector fairer and more contestable. As part of the review, feedback is sought from interested parties until 23 September 2025.
• Under the DMA the largest digital platforms, such as online search engines, app stores and messenger services, have to comply with a set of obligations and prohibitions after they have been designated by the Commission as a “gatekeeper”. The DMA has been in force since November 2022 and its obligations have been fully applicable since March 2024. Gatekeepers have to comply with the do’s (i.e., obligations) and don’ts (i.e., prohibitions) listed in the DMA. Gatekeepers include Alphabet (Google), Amazon, Apple, Booking, ByteDance (TikTok), Meta (Facebook, Instagram) and Microsoft.

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• Examples of the “do’s” which gatekeepers have to follow include allowing third parties to inter‑operate with the gatekeeper’s own services in certain specific situations; allowing their business users to promote their offers and conclude contracts with their customers outside the gatekeeper’s platform; and providing companies advertising on their platform with the tools and information necessary for advertisers and publishers to carry out their own independent verification of their advertisements hosted by the gatekeeper.
• Examples of the “don'ts” include treating services and products offered by the gatekeeper itself more favourably in ranking than similar services or products offered by third parties on the gatekeeper's platform; and preventing consumers from linking up to businesses outside their platforms (i.e., gatekeepers are prohibited from operating these actions).

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• The Digital Services Act (DSA) and the Digital Market Act (DMA) form a single set of rules that apply across the whole EU. They have 2 main goals:
• To create a safer digital space in which the fundamental rights of all users of digital services are protected.
• To establish a level playing field to foster innovation, growth, and competitiveness, both in the European Single Market and globally.
• What are digital services?
• Digital services include a large category of online services, from simple websites to internet infrastructure services and online platforms. The rules specified in the DSA primarily concern online intermediaries and platforms. For example, online marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms. The DSA includes specific rules for very large online platforms and search engines. These are online platforms and intermediaries that have more than 45 million users per month in the EU. They must abide by the strictest obligations of the Act.

• The Digital Markets Act includes rules that govern gatekeeper online platforms. Gatekeeper platforms are digital platforms with a systemic role in the internal market that function as bottlenecks between businesses and consumers for important digital services. Some of these services are also covered in the Digital Services Act, but for different reasons and with different types of provisions.
• Why are the DSA and DMA necessary?
• Digital services impact our lives in many different ways. We use them to communicate with each other, shop, order food, find information, watch films, listen to music and more. Digital services also make it easier for companies to trade across borders and access new markets. While these are some examples of the many benefits of the digital transformation, there are also problems.
• Despite a range of targeted, sector-specific interventions at EU level, there are still significant gaps and legal burdens to address at the dawn of the 2030 Digital Decade. For example, some large platforms control important ecosystems in the digital economy. They have emerged as gatekeepers in digital markets, with the power to act as private rule-makers. Their rules sometimes result in unfair conditions for businesses using these platforms and less choice for consumers.

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• Another concern is the trade and exchange of illegal goods, services and content online. And, online services are being misused by manipulative algorithmic systems to amplify the spread of disinformation, and for other harmful purposes.
• These challenges and the way platforms address them have a significant impact on fundamental rights online. Therefore, the European Union adopted a modern legal framework that ensures the safety of users online, establishes governance with the protection of fundamental rights at its forefront, and maintains fair and open online platform environment.

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• 6 categories of laws on social media and digital content marketing
• Businesses who regularly check in and stay up to date with the latest digital media legal compliance legislations protect their customers, avoid legal consequences, and maintain a competitive edge in the digital landscape.
• If this sounds like something your company would benefit from looking into further, keep reading this blog for a breakdown of 6 areas of social media and digital content law we have identified for marketers.
• Business Members can also access our brand new training module, Digital media legal compliance, for a broader review of each category of social and digital media law.
• This interactive training module serves as a comprehensive guide for marketers and their teams, providing insights into the practical implications of various types of laws, strategies for accessing information sources, real-world examples of enforcement actions against businesses, and assistance in mitigating associated risks.

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• Legal considerations in digital and social media marketing
• As with all legislation, laws are created in order to provide a framework of control and regulations that aim to protect individuals and businesses.
• Adhering to laws governing online content and media is challenging for marketers and�businesses since:
• Digital media are relatively new and innovation occurs on different platforms from the likes of Meta, Google and TikTok which may require new legislation.
• Global distribution and access of online content means that businesses are subject to laws in different countries where their content and services are accessed.
• Laws develop at different rates in different countries, so marketers need to ensure they are compliant with every local jurisdiction they trade in.
• Digital media and services aren’t covered by a single type of law, they may be subject to advertising laws, trading laws, data protection laws, disability and discrimination laws, intellectual property laws and others.
• If laws aren’t in place for new media, brands may need to define their own ethical�approach in line with their brand values

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• 6 categories for ensuring compliance with digital/social media laws
• We've broken down the complex nature of online legislations into 6 categories for you to review:
• Data protection and privacy law
• Disability and discrimination law
• Brand and trademark protection
• Intellectual property rights
• Contract and distance-selling law
• Online advertising law

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• 1. Data protection and privacy law
• Privacy refers to a moral right of individuals to avoid intrusion into their personal affairs by third parties. Protection of privacy of personal data, such as our identities, likes and dislikes, is a major concern to consumers, particularly with the dramatic increase in identity theft.
• Digital marketers can better understand their customers’ needs by collecting and using this type of insight. As you’ll know, through collecting personal information either directly by asking or through observing behaviour, it is possible to develop highly targeted communications and develop products that are more consistent with users’ needs
• Therefore, how should marketers respond to this dilemma? An obvious step is to ensure�that marketing activities are consistent with the latest data protection and privacy laws.

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• 2. Disability and discrimination law
• Laws relating to discrimination against disabled users who may find it more difficult to use apps or websites because of audio, visual, motor, or other impairments are known as accessibility legislation. Here are some examples below:
• United States:
• Americans with Disabilities Act (ADA) of 1990: Requires that websites and online platforms be accessible to individuals with disabilities, ensuring they can fully participate in digital activities such as online shopping, accessing information, and communicating on social media.
• China:
• Law on the Protection of Persons with Disabilities: Mandates that websites and online services accommodate individuals with disabilities by providing accessible interfaces, alternative text for images, and compatibility with assistive technologies, ensuring equitable access to digital resources.
• India:
• Rights of Persons with Disabilities Act, 2016: Specifies that websites and digital platforms must be designed to be accessible to persons with disabilities, incorporating features such as keyboard navigation, screen reader compatibility, and text alternatives for multimedia content.

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• 3. Brand and trademark protection
• Online brand and trademark protection covers several areas, including use of a brand name within domain names and use of trademarks within other websites and in online adverts.
• Domain names
• Most companies own multiple domains for various purposes, such as different product lines, countries, or marketing campaigns, leading to potential domain name disputes.
• Given the ongoing creation of new top-level domain names like .biz and .eu, it's essential to keep checking domain names for potential 'squatters'. This service is typically conducted by your hosting company.
• Reputational damage from advertising and PR activities
• Companies fear reputational damage through advertising on sites with which they wouldn’t want their brand associated because of ad buys on social networks or ad networks where it was not clear what content their ads would be associated with.
• Monitoring brand conversations in social networks and blogs
• Online brand reputation management and alerting software tools offer real-time alerts when comments or mentions about a brand are posted online in different locations, including blogs and social networks.

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• 4. Intellectual property rights
• Intellectual property rights (IPRs) protect designs, ideas, and inventions. This includes content and services developed for e-commerce sites.
• IPRs serve as a crucial legal framework safeguarding various forms of digital creative expression, innovations, and proprietary assets - encompassing not only tangible products but also intangible assets such as designs, ideas, and inventions.
• For example, visual elements of a website may be protected by IPR, including: Logos, Graphics, Photography, Typography, Animation, Colour schemes, Multimedia, Website layouts, User interface

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• 5. Contract and distance-selling law
• Online contract law relates to the sales process rather than marketing communications, so is mainly relevant to transactional e-commerce businesses.
• Regardless of legal jurisdiction, which is typically based where the merchant is located (‘the country of origin principle’), the principles of distance-selling law are that buyers' rights should be protected too.
• These rights will be subject to international legislation, but some of the most common rights for online buyers include:
• Right to Information
• Right to Privacy
• Right to Cancellation (Cooling-off Period)
• Right to Return and Refund
• Right to Redress
• Right to Fair Treatment
• Tax law is closely related to distance-selling law. It’s now common that online sales value-added tax (VAT) is paid by the consumer in their country, which is known as ‘place of supply’. The details of taxation can vary depending on whether the supply refers to physical goods or digital goods.

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• 6. Online advertising law
• Many marketers now include online advertising within their marketing mix. Global online advertising law today encompasses a complex framework of regulations and guidelines that govern how businesses can advertise their products and services on digital platforms worldwide.
• As online advertising continues to evolve alongside technological advancements, staying informed about these laws is essential for businesses to navigate the digital landscape responsibly and ethically.
• Here are some key considerations:
• Truth in Advertising, Disclosure of Sponsored Content, Privacy and Data Protection, Targeting and Discrimination, Intellectual Property Rights, Endorsements and Testimonials, Regulatory Compliance
• Adhering to the latest digital media legal compliance is crucial for businesses to avoid legal repercussions and maintain trust with consumers. Now that you've reviewed each type of law, you can audit your own digital and social media channels to consider where extra guidance is needed. We recommend building these checks into an annual process too, to stop you from getting caught out with more checks in the future. See our training module for more information.

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• The Digital State Interactive System — in the context of marketing — refers to the way governments and public institutions use digital technologies, interactive platforms, and data-driven tools to communicate with citizens, businesses, and investors in a more personalized, efficient, and transparent way. In marketing terms, it represents how a “digital government” markets its services, policies, and innovations to its “customers” — the public — using modern digital communication and engagement strategies.