The marketing division is particularly affected by digitalization. Potential cus-tomers are no longer addressed via print and TV only, but almost exclusively via online channels. Over the years, marketing departments have therefore faced reorganization, but they continue to face new challenges on a regular basis.
Marketing departments have often already set themselves up digitally in organizational terms, yet there are regularly new challenges for this area.
The number of marketing channels is constantly increasing. While Google and Facebook advertising were all the rage a few years ago, new applications and platforms such as TikTok are constantly creating new challenges. We support clients in the selection and in contractual aspects related to new advertising and marketing channels and ensure legal compliance when using them (e.g., ad targeting).
Digital platforms are ever more revolutionizing conventional industries and sectors. Marketing departments are endeavoring to incorporate communication via these platforms into their own strategies. This not only involves issues of availability, the location of the respective servers, or the number of possible stakeholders, but also the issue of data ownership. Companies must ensure that user and customer data generated is exclusively available and may not be used by third parties for their own purposes. We support our clients in the contractual initiation with new platforms and in the legally compliant implementation of marketing/sales measures, as well as in the legal safeguarding of databases.
Tracking & cookies
Marketing measures in the online sector are most effective when users are recognizable to the company’s own systems. Ideally, this can be achieved by using cookies, which are stored on users’ end devices and ensure recognizability. Recent legislative measures (most recently the adoption of the German Telecommunications and Telemedia Data Protection Act), however, reduce the scope for interpretation of the GDPR and obligate providers to obtain specific declarations of consent, which are usually not given by users. We advise clients on using tracking tools and show how to use them in a legally compliant manner.
Use of artificial intelligence
The use of AI increasingly allows potential customers to be reached via new communication channels such as chatbots or digital assistants. AI use can guarantee constant availability and ensure the handling of customer questions and support requests. The use of intelligent communication systems encounters extremely high legislative requirements, however, particularly in terms of data protection. We support our clients in introducing and operating such applications and ensure that they are handled in a legally compliant manner.