Regulatory Contracts for Marketing Services

Nowadays it is known and accepted by everyone that marketing actions on the Internet are almost obligatory for any self-respecting company. Another thing is to know what types of commercial actions and analysis of them can be carried out concretely.

What is the specific job of a marketing consultant or a community manager? Do you know a company that wants to be present in social networks and have a current and visible website what implications does it have and what work does it entail? My conclusion is that, although companies are already familiar with terms such as "SEM, SEO, ROI, ...", in reality they still do not know very well what it is. What they know is that they want to be there, they want to do "those things" to sell more and soon and they want this to be managed by an expert professional .

Experts in digital marketing there are, no doubt, and come to the call of customers who need them. And although these professionals are concerned about informing their clients, warning them that their work is laborious and obtaining results is not as fast as the client would like but will do everything possible to achieve the objectives set, I have observed that they forget about One thing: sign a contract to provide services . Any legal relationship of provision of services must be regulated by a written contract. Yes, we are in the digital age but let's not fool ourselves; In Law we are still a little outdated and what is written, if possible on paper, is what counts.

In courses such as " Legal Aspects of Digital Marketing ", we are concerned about the legal obligations that companies have in terms of compliance with laws that fall within the technological field in which they operate (Law of Services of the Information Society and Electronic Commerce, Organic Law on Data Protection, Intellectual Property Law, etc.), and many of the legal indications derived from compliance with these standards directly affect the services provided by marketing consultants who assume responsibility for the actions that they run for their clients. Therefore, it is essential that the client knows the conditions under which the work will be carried out: what tasks the marketing professional will concretely perform, in what terms, what obligations correspond to the client, etc.

The content of the contract for the provision of marketing services may vary depending on the work that will be developed. The design and development of a website, for example, will involve a series of obligations, of which we must define, among others, the responsibility for preparing the mandatory legal contents (legal notice, cookies policy, general conditions of contracting in the case of online stores, etc.). Another example is the management of the presence of the client in social networks, which will entail the regulation of responsibilities in terms of content and images of third parties so as not to infringe intellectual property rights or the right to own image.

Therefore, regardless of the specific contents of the contract, there must always be a framework that regulates the legal relationship that will be established, to which both parties can comply and which will help them to be clear about their obligations and rights and thus avoid conflicts.