Founder of JURÍDIA – Learning and Research Center for Preventive Consumer Law in Digital Advertising
In our theory of preventive consumer law in digital advertising the attention of advertising means that the company (commercial company) assumes the effect it causes. That is to say: that company assumes the effect caused by advertising. The effect may be extra contractual and / or contractual.
The extra-contractual effect of advertising is the legal relationship that is formed with a consumer based on advertising and that does not form a contract. For example: to communicate to the consumer a content (message) that is sensitive to her / him (that is to say: that violates one or more of her / his rights, as the case may be).
The contractual effect of advertising is the legal relationship that is formed with a consumer based on advertising and that forms a contract. For example: to communicate to the consumer a content (message) that is a commercial offer (that is to say: a message that is an invitation to celebrate a mercantile business —commercial business—) and that she / he accepts it (what forms a contract).
Now: the extracontractual effect of advertising may exist along with the contractual effect of advertising if the case does both effects. That is to say: it is possible that both effects coexist. Everything depends on the case. For example: advertising can communicate to the consumer a content (message) that stimulates their emotions in a valid way, but at the same time can communicate another content (another message) that is a commercial offer and that she / he accepts it.
Then: there is the case of digital advertising attention. This is the case of the legal relationship (extracontractual and / or contractual) that is formed based on the effect of advertising and consists in that effect is validly addressed. For that reason: it is a case that has facts. Each fact is a part of the case. Properly: each part of the case is formed with the fact involved and their respective variables. Because: each fact has variables. And: the case is the union of their facts.
That is to say: it is a case that means the set of its facts. The set of its facts does not mean the result of adding them. It means the case understood as the set of its facts. That is to say: it is the result of involving all the facts of the case and presenting them as a whole (that is to say: as a whole created by the union of its parts).
Therefore: in order for the digital advertising attention case to be valid, each fact must be valid, each variable of each fact must be valid and all the facts (therefore: all the variables) as a whole must be valid. That is to say: the case is valid if the advertisement effect is valid and the form of effect attention is valid.
Then: the company must be diligent in anticipating (foreseeing) and making each fact, each variable and the case (as such) valid. In the theory: validity means the harmony of the being (for example: of the case, of the fact and / or of the variable) with the duty to be legal —legal must be. Legal must have— (that is: law) that applies to it (specifically: with the legal —juridical— norms —that is to say: rules that contains rules and / or principles— that govern the being) in a way that makes the being materialize that should be.
That is to say: the case of advertising attention is valid if each message that is communicated has a valid effect and the effect of each message is validly served (attended) by the company. So: for the case of advertising attention to be valid both the creation and operation (the operating —functioning— model) and the communication of advertising must be valid. For that reason: in order for the advertising attention case to be valid, the business digital advertising case must be valid.
Properly: the case of digital advertising attention is part of the case of business digital advertising. That is to say: the case of attention of advertising (advertising attention case) is a delimited legal relationship, but at the same time it is part of a case (of the case of digital business advertising) that involves both that case and the case of creation of advertising, the case of operation (functioning) of advertising and the case of communication of advertising.
Therefore: company must be diligent in anticipating (foreseeing) and making both that case and the other cases involved in the case of business digital advertising (business digital advertising case) are valid. This makes the case of business digital advertising valid (that is to say: business digital advertising valid case).