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Social Media Law for Businesses

Social Media Risk Assessment

Every company that maintains a social media presence must have a risk management and compliance program encompassing marketing, technology, legal, and human resources. Without conducting a social media risk assessment, companies can experience serious compliance and legal risks.

Social Media Policies and Compliance Procedures

Companies must maintain an employee social media policy to protect against serious legal risks. But if the social media policy fails to comply with the strict provisions of the National Labor Relations Act, the company can be exposed to serious legal and regulatory risks. To make matters worse, companies that do not implement social media compliance procedures may be unable to enforce the policy in the event litigation arises from your employees social media use.

Social Media Marketing Compliance

The Federal Trade Commission (FTC) requires companies to comply with social media related advertising regulations. Without a social media marketing compliance program, companies are exposed to civil lawsuits and regulatory investigations, significant fines, court costs, and attorneys fees, and irreparable damage to customer goodwill.

Social Media Employee Training Program

Without a social media employee training program, a company is exposed to social media lawsuits and regulatory risks. But a social media employee training program can only protect a company from legal exposure if it effectively teaches employees the types of social media conduct that is prohibited and the consequences for violating your social media policy.

Social Media Contests and Sweepstakes

Social media contests, sweepstakes, promotions, and giveaways are a great way to engage customers, but promotions that do not comply with the law and social media website guidelines can result in civil lawsuits, regulatory investigations, and deletion of social media accounts.  Marketing departments need a Social Media Promotions Compliance Policy to help their employees understand the best practices and compliance requirements of conducting social media promotions.


Trademarks provide companies with a competitive and legal advantage. A trademark can protect companies from competitors by allowing them to stop anyone who attempts to use or register a similar name or logo. But if a company fails to register a trademark or conduct a trademark search, they could face a lawsuit for trademark infringement.

Website Terms and Conditions & Privacy Policies

Without website and mobile app terms and conditions, your company can be liable for information, representations, and comments made on a company’s online and mobile platforms.  Legal terms and conditions and privacy policies are are necessary to protect a company from lawsuits arising out of their website and applications.

Intellectual Property and Online Asset Protection

Without implementing a sound legal corporate structure with an intellectual property holding company, a company’s assets, profits, and intellectual property can be placed at risk by a single mistake or lawsuit. A company’s valuable social media pages, followers, and content could also be stolen by former employees, website developers, and internet marketing companies without the proper social media contracts in place.