With social media becoming the most direct and constant form of advertising, and data being the new oil, the last decade has seen enormous change in the advertising and insights industry.
Social media generates opportunities and challenges: publishers’ liability for user-generated content being just one example. Data collection, SPAM and privacy legislation has had a direct impact on the operations of insights agencies. An abundance of voluntary codes of conduct (for example AANA codes for general advertising, automotive advertising, alcohol advertising, social media influencer guidelines) affect what is not only legally, but also socially feasible. Add to this a layer of industry-specific legislation and guidance in automotive, food and cosmetics to name but a few, and you have a recipe for a complex environment.
Deep experience
We understand how these issues affect the way our clients run their businesses.
Andrew Maher, for example, is currently retained as legal counsel and advisor for the peak industry body for the Australian Insights Industry (ADIA, the Australian Data and Insights Association) and sits on the ADIA Privacy Compliance Committee. Raph Goldenberg is a jury member of the Advertising Standards Industry Panel. We don’t just advise – we participate in the sector.
Sector knowledge
This knowledge means our advice is realistic and workable.
Here are some examples:
- our knowledge of the advertising clearance process and standards in particular sectors have helped us advise Kogan, Honda, Global Retail Brands, Volkswagen and Adore Beauty in this area
- we regularly advise car companies on responding to Ad Standards complaints under the FCAI Advertising Code and AANA Code of Ethics
- Raph’s specialist knowledge equipped him to be appointed as a jury member of AdStandards, considering a case in relation to alleged misleading or deceptive claims that a flavoring was natural and derived from natural sources (Queen / Heilala)
- working directly with clients’ ad agencies means we can rise to the challenges of tight turnaround times and achieving a desirable marketing message that is also legally compliant
- Andrew’s career-long involvement in the Insights industry, including prominent insights organisations such as Newspoll, Ipsos, McNair and YouGov, has enabled him to represent ADIA (formerly AMSRO ) members by co- drafting the Modern Market and Social Research Industry Award and the Privacy (Market and Social Research) Code, the first industry privacy code registered under the current Privacy Act code provisions which came into effect in 2014
- Andrew’s industry knowledge and Industrial Relations experience have enabled him to act as lead negotiator (for employers) over a number of consecutive enterprise agreements in negotiations with the United Workers Union (formerly the NUW) for multi-business industry agreements covering up 70% of the Insights Industry
Focused advice
We advise the advertising and insights industry on issues affecting any corporate organisation, as well as matters specific to advertising and data and insights.
Here is a list of the issues we handle that are specific to the sector:
- ACCC s155 notices, undertakings and enforcement action strategy
- advertising Clearance
- data, SPAM and privacy issues
- liability for content
- policy and code of conduct development
- voluntary and/or industry-specific codes of conduct.
Key contacts
Related updates
Marketing creativity meets legal strategy at NORA Marketing Leaders Lunch
What happens when marketing creativity and legal strategy work hand-in-hand? This is the question CIE Legal’s Raph Goldenberg and Kaye Ho discussed at the NORA – National Online Retailers Association – Marketing Leaders lunch on 19 September at Vue de Monde.
30 September 2024