By: Dr. Camilo Alfonso Escobar Mora ©
Founder of JURÍDIA – Learning and Research Center for Preventive Consumer Law in Digital Advertising
In our theory of preventive consumer law in digital advertising creation of advertising must be done in a way that provides and makes the valid case (the valid case of business digital advertising) on what depends on creation. This means that conception, conceptualization, design and, in general, the variables (direct and indirect) of its creation must be harmonious with rules that apply to advertising according to its nature, content and effects.
Then: company must be diligent in defining the way it will be created and in making the creation valid. As diligence (commercial diligence —business diligence—) is the way to make the valid case: both that form and the creation must be valid. That is, both the creation process and the final product that is created must be harmonious with rules that apply to its variables. Then: creation process must be harmonious with rules that apply to the variables (extracontractual and / or contractual) of this process and the product created (the advertising created) must be harmonious with rules that apply to the variables (non-contractual and / or contractual) of said product.
Everything depends on the variables that the case has. The rules that apply depend on the case. The harmony necessary to make the valid case is defined and tailored to the case. The important thing is that it is a harmony that makes effective (all) the rules coming in the case. Then: that harmony must be in a way that makes applicable rules in the case materialized in their facts (in the facts of the case). Properly: that materializes the rules in each fact in which they apply and that the case (understood as the set of their facts) materialize harmoniously and comprehensively. That is the valid case in theory.
In theory: a case (case —the case—) is a legal relationship. Then: a case can involve several cases. Therefore: the case of business digital advertising is the case of the legal relationship (consumer relationship) formed between the company (business) and the consumer based on advertising (business digital advertising). But: that case involves (depending on the case) several cases. The case of creation of business digital advertising, the case of operation of business digital advertising, the case of communication of business digital advertising and the case of attention (attention of the effects) of business digital advertising.
Therefore: company must be diligent in detecting the rules that apply to each case of creation of advertising both in its creation process and in the attention to the nature, object and scope of the product that is created. In fact: in creation of advertising there is the case of the creation process and the case of the product created. The case of the creation process means the set of variables (extracontractual and / or contractual) involved in the way advertising is created. The case of the created product means the set of variables (extracontractual and / or contractual) involved in the advertising created and in the relationships (extracontractual and / or contractual) that company forms with consumer based on this.
Hence the importance of creating advertising. It is only possible that the case of creation of advertising is valid if the case of the process of creating the advertising and the case of the advertising created are valid. Therefore: the valid case of business digital advertising is only possible if the case of creation of advertising, the case of operation of advertising, the case of communication of advertising and the case of advertising attention are valid.
Properly: the valid case of business digital advertising is only possible if the company is diligent in making its variables involved harmonize with the rules that apply to it in a way that makes those rules materialized in its facts (in the facts of the case).