In addition to spanning geographies and jurisdictions, today’s digital ecosystem is increasingly the focus of regulators who are highly sensitive to the complex issues surrounding online behavioral marketing campaigns and other modern uses of consumer data.
McDermott lawyers work hand-in-hand with client companies to analyze existing consumer data marketing strategies and develop new approaches — ranging from compliant consent or opt-out processes to targeted digital consumer marketing initiatives — that help them achieve core business objectives. We also advise in-house counsel and privacy officers on how to avoid or minimize regulatory scrutiny and alleviate consumer concerns over the collection, processing and storage of data.
Among other activities that may trigger consumer-protection laws in various jurisdictions, we provide counsel on telemarketing, text messaging, email marketing and promotions, and social media. In particular, McDermott lawyers advise clients on the following:
Compliance with the Telephone Consumer Protection Act requirements for telemarketing and text communications
Compliance with CAN-SPAM requirements to ensure consumer-sensitive approaches to email marketing and promotions
Development of processes for managing consumer data in data-driven businesses
Assessment of data collection practices and procedures, including for merchants at point of sale using credit and debit cards
Review and updating online and web data collection practices and protocols
Advised a consumer products company on the implications of its email marketing campaigns under Canadian, US and European electronic-marketing laws
Assisted clients in implementing and effectuating consumer-choice mechanisms that comply with best practices and regulatory requirements under EU and US law
Advised a multinational hotelier on creating data analytics strategies, external marketing strategies, and revising online privacy policies to disclose such strategies consistent with legal and regulatory requirements
Advised an international university regarding GDPR compliance, including the scope of application of the GDPR to activities in the EU, the lawful grounds for processing personal data (such as consent), appointment of a DPO, and various other GDPR compliance issues
Advised various clients on applicable privacy requirements when using online marketing and tracking technologies
Advised dozens of clients on standard contractual clauses and similar agreements for transferring personal data from the EU to jurisdictions without EU-level privacy protection standards
Advised a global fitness products company with the roll-out of mobile and connected health and fitness functionality