These days we see lot of digital marketing companies and freelancers which are doing excellent job in running marketing campaigns.

But what a customer of these digital marketing companies don’t know that they may be under a risk of serious legal liabilities because of digital marketing campaigns. Like any other advertisements, digital marketing is also considered as normal advertisement. so are subject to certain laws. Under the consumer protection act and competition act, they can be subject to unfair trade practices if the digital marketing campaign is misleading. Under contract act also serious liabilities may arise if the digital marketing campaigns have a theme of an offer not an invitation to offer.

Here are the few tips to mitigate risks.

1. Never send intrusive messages.

2. Express consent of consumer required before selling/sharing consumer data.

3.Use full disclosure to conduct direct selling or promotions.

4. Never conceal any activity under the pretext of advertising. Like when user clicks on any advertisement then it should not initiate any surprise activity like downloading a file.

For more such legal mitigation solutions for your start up.


Nitish Banka
TechnoLegal Professional
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