Even if the campaign is run on Facebook or through another social media platform, mandatory legislation (e.g., Consumer Protection Act, Personal Data Act and Copyright Act) still applies to the marketer in conjunction with the general terms of the social media platform used. It is not enough, for example, to only comply with the Facebook’s general terms if you want to ensure that various laws have been obeyed.
According to Chapter 2, Section 4 of the Consumer Protection Act, marketing must clearly show its commercial purpose and who is behind the marketing. For example, a marketer of a campaign cannot disguise as an ordinary user, nor can communication be disguised as user generated content. Users must be able to tell which user is acting as the marketer. This also applies to prize draws and competitions. According to Chapter 2, Section 13 of the Consumer Protection Act, the terms and conditions of participation in marketing-related prize draws, competitions and games must be clear, unambiguous and easily accessible. According to the Consumer Ombudsman, terms and conditions must be placed so that they are not ambiguous or difficult to access for the consumer.