The increasing use of social networks and, in particular, Facebook as a tool for marketing and corporate communications has allowed us to observe two common legal errors committed by professional users of this network.
First, we find many user profiles used as " profile" of company. This involves, first, a breach of the terms of use Facebook. Section 4.4 of these conditions requires that the user undertakes to not use your "personal profile for commercial gain." is, to begin with, and regardless of what we discuss below, we are breaking the terms of service Facebook, which may involve, among other things that we close our Facebook profile. Therefore, although we have a long way with our profile "personal-but-professional" we risk losing all the work done.
Moreover, the fact of using a personal profile like a business, means that there are fans, but friends , which will be accessed each other to personal information uploaded by other users. Although many users, in general ignorance, accepted professional befriend pages, many others will not, precisely because of sharing the information with a stranger. Moreover, since we are giving professional use come under the regulations on Data Protection Personal , with all the implications that it has, which are many.
The other legal error that we commonly refer to those who do use Facebook correctly to create a professional page and take advantage of the opportunity that gives Facebook to send messages all his fans. In my opinion, this is a commercial communication electronics, which must be set forth in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI) and in particular its Article 21 prohibits commercial communications via e-mail or electronic media equivalent. If you do not have the consent users (fans), we can not send commercial communications. The solution is as simple as a little-used: there is only included in the information about the company that is incorporated into the Facebook page, so that he becomes a fan of a page consents to the sending of commercial communications through Facebook message system.
