Assignment title: Information
Q: You work for a marketing company and have been hired by a new Irish health food company that produces gluten free, high-fibre, healthy snacks and meals. They have requested that you design a marketing campaign to include a billboard advertisement and the packaging for their product, and develop a marketing strategy that includes identifying and communicating with potential customers by post, on-line and by email. They intend to market the product in Ireland, the UK and France and want the online marketing to reach those jurisdictions. They have given you a set of criteria in the brief and have arranged a meeting with you in a week's time to discuss it:i) The client would like you to work with an advertising network provider to identify potential customers and provide targeting advertising to those consumers and wants to understand what privacy specific rules govern the client and/or the advertising network provider in carrying out behavioural advertising activities using cookies. The client will also sell the product on-line directly from its own website and has asked what privacy related rules apply in that context. ii) The client wants to create significant in-country brand awareness and is willing to invest in considerable direct marketing activities. They potentially have access to a list of the customers of their parent company, which is involved in the business of health and leisure facilities in Ireland, and want you to explain in what circumstances they can send direct marketing about their new products by post, email and over the telephone to customers on that list. They are also proposing to appoint a US based company in the same corporate group to store and otherwise process customer data for them and have asked you to advise on the issues arising, if any and the obligations on data processors under EU/Irish law.Research the following areas and report back to your client with the legality of their proposals, discussing what law applies and why. Give the client an idea of what would be legally allowable in their campaign and a proposal that would suit the client's brief as best as possible while remaining within the legal parameters as studied on the course. In your answer please discuss: a) Data protection and privacy laws, as set out in EU Directives transposed in Ireland. b) E Commerce Directive and what the "co-ordinated field" covers regarding jurisdiction.c) Passing Off.d) Comparative Advertising and Trade Mark Law.