Commercial Advertisement Newsletters Safe Sending Guide
Article posted in 2024-10-11 18:05:26 | VEAT
Law firm Veat received a request from AI data collection specialized company A (hereinafter referred to as “the client”) and drafted personal information collection and use consent forms and advertising information consent forms for newsletter distribution.
Law firm Veat ensured the client understood that newsletters containing profit-seeking advertising information must comply with legal regulations, as they are an important marketing tool for overall business operations, and reviewed and provided guidance regarding whether the newsletter to be sent to the client falls under the ‘profit-seeking advertising information’ defined in the Information and Communications Network Act. Law firm Veat also supported the client in complying with appropriate consent and prior notification procedures that meet legal requirements.
In particular, Law firm Veat advised the client that they must obtain explicit consent from recipients of advertising information before sending it, in accordance with the Personal Information Protection Act and the Information and Communications Network Act, and drafted personal information collection and use consent forms and advertising information consent forms to that end.
|
What is profit-seeking advertising information? The ‘profit-seeking advertising information’ defined in the Information and Communications Network Act refers to all forms of information that companies provide for services, products, etc., to induce consumer purchases or increase corporate profits, regardless of the client’s voluntary information collection. It may be classified as such if it is aimed at generating revenue, even if it appears to be a simple provision of information. If a newsletter is periodically sent and used as a marketing tool to generate revenue beyond simple information provision, it may be classified as ‘profit-seeking advertising information.’ |
Essential conditions for sending advertising information
Sending newsletters containing profit-seeking advertising information must meet the requirements stipulated in the Information and Communications Network Act. According to Article 50 of the Information and Communications Network Act, it is stipulated that explicit prior consent must be obtained from the recipient to transmit advertising information for profit, and a personal information collection and use consent that includes explicit consent must be obtained. This is a procedure for obtaining prior consent to protect the personal information of newsletter recipients, and it must be particularly fulfilled when sending profit-seeking advertising information.
To obtain explicit consent, the recipient must be clearly notified that the information is profit-seeking advertising information, and the recipient must consent to this after understanding it. To this end, the personal information collection and use consent form and the advertising information consent form must detail the purpose of the information, the sending method, and the recipient’s rights. Newsletter distribution targets are limited to those who have given explicit consent, and may only be sent to contact information secured through legally permitted methods.
Sending advertising information is an essential marketing tool for startups and companies, so it is recommended that you obtain legal advice and proceed safely before sending to ensure compliance with relevant laws and procedures.
Law firm Veat provides legal advice complying with the Information and Communications Network Act and the Personal Information Protection Act based on its experience in ICT and startup consulting. We provide the best legal advice to ensure that marketing activities are operated legally by clearly understanding legal requirements and applying them quickly, and to help companies grow.
Thank you.
Law firm Veat