By: Dr. Camilo Alfonso Escobar Mora ©
Founder JURÍDIA – Learning and Research Center for Preventive Consumer Law in Digital Advertising
In our theory of preventive consumer law in digital advertising the language agreement (language agreement) means that the consumer perceives and understands the messages that the company communicates in its advertising in a harmonic way with the rules (norms) that apply in the case (according to the time and space case variables). Therefore: the company must be diligent to make its advertising make that language agreement in each case. Everything depends on the case.
If the company acts with commercial diligence (mercantile diligence) it can foresee and attend the (formal and material) variables related to the case so that its advertising generates a language agreement with each consumer that perceives and / or understands it.
As advertising is a company unilateral act towards the consumer (or before the consumer or in front of the consumer —face to consumer—) it —the company— has the ability to define, create, communicate and attend (attend the effects caused by) its advertising in a way that is harmonious with the rules (norms) that apply to the case. Even, according to the state of the art it can use means to achieve it (for example: artificial intelligence).
Everything depends on that the company acts with diligence both to anticipate the case and to detect its variables, define it juridically and make it valid.