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Lydian Webinar Series : Social Media - IP and Data Protection Pitfalls

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Today, nearly every company has its own page or account on social media, such as LinkedIn, Twitter, Instagram or Facebook, in order to promote its products and/or services, to recruit, to promote or celebrate (new) colleagues, to support a NGO campaign … or for internal purposes (e.g. posts of private events of the company, recording of interviews or training). Such use is not without risks.

Lydian’s IP and data protection teams tackled the issues you may face while using social media during two consecutive webinars.

WEBINAR I : Data Protection Pitfalls

Yesterday (2 December) the first webinar took place. We have examined the data protection pitfalls and address, amongst others, the following questions:

  • How to qualify the relationship, in terms of GDPR, between your company and a social media platform when using plug-ins on your website? What are the consequences?
  • Is your company authorised to publish pictures or video recordings of (ex-)employees? Can the latter oppose such publication based upon his/her image right?
  • Can your company oppose the withdrawal of consent given by an ex-client? Is your company entitled to damages in such case?

WEBINAR II : IP Pitfalls

Yesterday (16 December) the first webinar took place. We have examined the IP pitfalls, which are mainly related to the content shared on social media platforms:

  • Can your company reshare a post or picture of a third party without the latter’s consent?
  • Can your company publish on its LinkedIn page a link of a press release where your company or a competitor is mentioned without the consent of the author?
  • What can or must your company do in case of false, misleading or denigrating review or comment on its social media page?
  • When advertising its products and/or services, is your company authorised to compare such products and/or services with those of a competitor? Under which conditions?