Brand Legal Advertising Compliance Checklist

Brand Legal Advertising Compliance Checklist

This checklist is designed to guide you through the essential legal aspects of advertising. Follow each section diligently to ensure your campaigns are legally compliant, ethically sound, and aligned with industry standards.

Trademark Compliance

  • Check if the logo and slogans used in the ad are registered. If not, consult with the legal team for proper usage.

  • For any third-party trademarks, ensure there is a valid license agreement.

Copyright Compliance

  • Validate that all images and music in the ad are either created in-house or properly licensed.

  • Maintain an organized file with licenses and permission letters for all third-party creative content.

Advertising Standards and Regulations

  • Review the advertisement against the FTC’s (Federal Trade Commission) guidelines to ensure it meets national advertising standards.

  • For industry-specific ads, like healthcare, check compliance with relevant regulatory bodies like the FDA.

Truth in Advertising

  • Audit all product claims in the advertisement for accuracy and support them with evidence. For industry-specific ads, like healthcare, check compliance with relevant regulatory bodies like the FDA.

  • Document sources and proofs for any comparative claims or customer testimonials.

Privacy and Data Protection

  • Ensure any consumer data used for targeted ads has been obtained with explicit consent and is handled according to GDPR or other relevant data protection laws.

  • Review the ad for compliance with online privacy standards, especially if targeting children or sensitive groups.

Social Media and Digital Compliance

  • Confirm that the ad adheres to the advertising guidelines of platforms like Facebook, Instagram, or Google.

  • Include necessary disclaimers and disclosures, especially for sponsored content or influencer collaborations.

Consumer Protection Laws

  • Check for compliance with consumer protection laws, ensuring there are no misleading price claims or hidden conditions.

  • Review the legalities of promotional tactics like discounts, offers, and warranties.

Intellectual Property Rights Clearance

  • Secure and document clearances for any patented technology or trade secrets featured in the ad.

  • Regularly update the IP clearance records to avoid potential conflicts.

Content Review and Approval Process

  • Implement a structured review process involving the legal team for vetting all ad contents.

  • Keep a log of each ad version, comments from the legal team, and the final approved version.

Trademark Compliance

  • Check if the logo and slogans used in the ad are registered. If not, consult with the legal team for proper usage.

  • For any third-party trademarks, ensure there is a valid license agreement.

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