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Marketing and sales activities are sometimes viewed as the lighter side of business – where creativity can be let loose. For the unwary however there are many legal traps. This article provides a quick overview of the top 10 actions you can take to avoid the traps when promoting your company or making sales:
1. Register and protect data - if you collect personal data (names and addresses) of customers or prospects – you MUST comply with the Data Protection Act and probably have to register - more
2. Don’t make false promises – it’s great to make your company sound as positive as possible in adverts, brochures and on your website – but if you over-step the mark you could land in deep water.
3. Protect your ideas – whether it’s your company name, a product design or a piece of marketing or customer management software you buy to help in your business – make sure you understand what you own and how to protect your rights – more
4. Use direct marketing, legally – how have you gathered your marketing lists? Do you have permission to mail, email or call your business prospects? Read more about Spam and Cold Commercial Emails here.
5. Consider access for customers – the terms of the Disability Discrimination Act mean that you must consider the ease of access to your business premises for disabled customers – and you must consider disabled web visitors too - more |
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6. Make a contract with customers – understanding when a contract is made is critical – especially when selling via the web. Read more about How Argos got it all wrong
7. Be wary of comparative adverts - be very, very careful when mentioning other people’s products and even trade names in adverts. The OFT will be after you!
8. Don’t give away your secrets – in your enthusiasm about a new product or service it’s tempting to tell a lot of people: your bank manager, a possible partner or supplier perhaps. But they may well just take your idea (or tell someone else about it) and there would be very little you could do. So, protect yourself with a confidentiality agreement – which Woolley & Co can draft for as little as £150 plus VAT.
9. Make contracts with marketing suppliers – if you are using a sales agent abroad or commissioning a website for example, make sure you have a contract and that you understand what the contract promises you. Without a contract you’ll have very little recourse if the website is delivered later than planned or if you find out that the sales agent is visiting your existing customers to sell a competitor’s product.
10. Get good advice – before you try ‘crazy’ marketing tactics – especially things like competitions and incentives. Make sure the lawyer you use takes time to really understand you and your business – then you can be sure you will get their best advice and the right results for your company.
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