Scenario A
The Customer Relationship Management (“CRM”) team is looking at ways to expand its list of contactable consumers for marketing purposes. The Head of the CTM team comes to you to share its plans as follows:
- Currently, the CRM team only send marketing communications to consumers who have expressly consented to receiving marketing communications when creating an account, when signing up to our newsletter or when they have provided consent during 1-2-1 engagement and sign-up. Consent is obtained by the consumer ticking a box on a web page or device when inputting their details.
- The Head of the CRM team has asked you if there are any other bases on which to rely to send marketing communications to consumers or potential consumers.
- They want to know:
- if they can send marketing communications to consumers who have signed up to an account, and made a purchase, but did not provide consent by ticking the box when creating their account;
- if they can send marketing communications to consumers who have signed up to an account, but have never made a purchase, and did not provide consent by ticking the box when creating their account;
- if they can send marketing communications to consumers who have visited our website but have not created an account or made a purchase; and
- The Head of the CRM team asks you for a high-level review, signposting the critical legal and reputational issues and any blockers / red flags which need to be considered as the proposal progresses.
Scenario B
The Head of Activation wants to run an advertising campaign highlighting the attributes of our Vuse ePod 2 device by comparing the qualities of the device, such as battery power, size, puff count and charging time against the qualities of competitor devices. The campaign will run for six months using our own e-commerce platforms and social media accounts and out of home billboards in key cities in the United Kingdom. The Head of Activation would like you to highlight the key points for the team, identifying the key legal and practical issues of running such a campaign, including practical suggestions to help mitigate any risks.
Briefing
Please prepare slides for each scenario, setting out your advice on any legal and practical risks as well as any steps to help mitigate the risks. Your presentation / slides should be high level and presented in a format appropriate for the audience. Do not waste time with fancy formatting or animations – simple bullet points will suffice (and don’t restate the questions) but be prepared to answer questions. You will have 20 minutes to present your analysis with a further 10 minutes for follow up questions.
