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 functioning of advertising must be done in a way in which its variables (extracontractual and / or contractual) are harmonious with rules that apply to them.
That is to say: there is the case of operation (functioning) of digital advertising (business digital advertising). That case involves facts. Each fact involves one or several variables (depending on the case). Then: the case is valid if each variable of each fact is harmonic with the rules that apply to it, if each fact is harmonious with the rules that apply to it and if all the facts (properly: the case —understood as the set of its facts—) are harmonic with the rules that apply to them.
To make this valid, the case variables must be detected and dealt with in a way that makes them harmonious with rules that apply to them. Therefore: company must be diligent in making that harmony is done both in its acts and elements and in the acts and elements of the third parties involved in the case of operation (functioning) of digital advertising. Properly: the company must be diligent in making the valid case of operation (functioning) of business digital advertising (that is to say: in making the case of valid functioning of the business digital advertising).
So: the operation (functioning) case of business digital advertising is not synonymous with the consumer relationship (that is: the relationship between the company —commercial company— and the consumer). It is not to make the valid consumer relationship that is formed based on a digital advertisement. It is to make the way of functioning of advertising is valid. This includes that consumer relationship is valid in terms of the operation (functioning) of advertising. But: consumer relationship formed based on digital advertising is only valid if both the creation, operation (functioning), communication, attention (attention of the effects) and / or any other variable involved in advertising is valid.
For that reason: the case of operation (functioning) of advertising focuses on the facts and variables of how advertising works. For example: in the way the collection and the use of the consumer personal data works in the model (system —in general: case—) of advertising involved. So: this is the case of the way advertising works. For that reason: if the valid case of functioning of business digital advertising is made, functioning of advertising is harmonized with the rules that apply to it.
Now: the case of the consumer relationship formed based on business digital advertising includes both this case and other cases. Mainly: the case of creation of advertising; the case of operation (functioning) of advertising; the case of communication of advertising; and the case of advertising attention.
For that reason: so that the case of business digital advertising in the consumer relationship (that is: the case of the consumer relationship formed based on business digital advertising) is valid, all the cases that it involves (according to the case) must be valid. This makes that each fact, each variable and all the case facts of the consumer relationship formed based on the business digital advertising are harmonious with the rules that apply.