Legal Aspects of Digital Marketing Communication in the Scope of International Business – Unsolicited Advertising Case Comparison

Abstract

Purpose of the article: Intensive use of Internet technologies influences many aspects of the business behavior of companies globally. There are many unclear and unanswered questions related to the fact that regulations and laws are valid based on geographical borders but, at the same time, the Internet is fully global and independent of geographical borders. This article is focused on a comparison of the legal rules related to unsolicited advertising used within Internet technologies (so-called SPAM) in the Czech Republic, EU as a general, and the United States.

Methodology/methods: Critical review of the scientific publications and respective laws and regulations was used as a primary method within this paper. Based on those critical reviews the structured comparison of the rules valid in the Czech Republic, EU and USA was performed. Finally, the business practice implications were formulated and particular recommendations to companies were prepared.

Scientific aim: Scientific aim of the article is in observing and describing the actual situation and trends in the international business environment within the use of Internet-based technologies in companies’ marketing communication with the respective legal rules. Important is also the multidisciplinarity of the article covering both marketing and legal business issues.

Findings: The article shows a comparison of all the important parameters of the legal regulations of electronic business communication using Internet technologies in between the Czech Republic, EU, and the USA. The primary focus is on the Opt-In and Opt-out rules related and their implications to the day-to-day business. Major advantages and disadvantages are then formulated for each observed region.

Conclusions: Based on critical literature and legal document review and in-depth comparison of the situation in the Czech Republic, EU, and the USA important recommendations were formulated for the companies for their day-to-day business activities and related communication using Internet technologies. Those recommendations also fully reflect actual best practices within an international business environment.

Keywords: marketing communication, customer, relationship marketing, legal liability, international business, market orientation, Internet technology-based communication, unsolicited advertising

JEL Classification: K12, L10, M10, M31