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Online Promotions and Marketing

By Alan L. Friel

Part One of this article (in the November 2007 issue) examined the use and inducement of user-generated content ('UGC') and user promotional activities, and Part Two (December 2007) examined the use of contests and sweepstakes as online marketing and promotions tools. This final part addresses issues that affect not only those types of promotions, but also other types of online marketing and promotional activities; namely, the enforceability of online agreements and terms of use, consumer privacy and data security, the use of third-party Web sites and online services, commercial e-mails and special concerns relating to children. The FTC has, for many years, been aggressively policing online activities, particularly with respect to privacy, security, e-mail and adequate disclosures.

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