By: Dr. Camilo Alfonso Escobar Mora ©
JURÍDIA Founder – Research Center for Preventive Consumer Law in Digital Advertising
Business digital advertising is a system that has these legal variables:
A) Extracontractual: this is any variable in which there is no legal link formed by a contract. It arises from legal relationships created by a human behavior that causes effects in the law that have nothing to do with a contract. For example: exercise diligence in the security of the information of the advertising system, ensure that the product and the business model that is promoted coincide with the legal sources that apply to them, obtain the prior, express and informed authorization of the owner of the personal data that you wish to deal with in this field, communicate advertising diligently to achieve a language agreement with the consumer and make advertising messages by complying with the rules that apply.
B) Contractual: it is about any variable in which there is a legal link formed by a contract. They may be:
a) Direct: they are all the variables in which the company forms a contract with the consumer. For example: when the consumer accepts (before the company) an advertisement in which an offer is communicated, a contract is created and its elements must be fulfilled (both the company and the consumer must fulfill the obligations that correspond to them) —in harmony with the rules of public order on rights and duties of the company and the consumer that are applicable—.
b) Indirect: are all the variables in which the company forms a contract with people (natural —physical— or legal —moral—) different to the consumer, but are determinants for the validity of the advertising relationship of the company with the consumer. Those people can be:
1) Internal people: all those who are linked within the organization. For example: workers and partners.
2) External people: all those who are linked outside the organization. For example: suppliers and allies.
Legal validity of digital advertising depends on the detection, attention and harmonization of these variables (harmonization both with each other and each and all with rights and duties of consumer and company, according to formal and material elements of the case) tailored to the particularities of the case.
At JURÍDIA we research your business digital advertising to detect its contractual and extracontractual legal variables and indicate the legal requirements that must be met to be valid. Contact: [email protected].