Ethical and Legal Considerations in the launch of Kiss The Sea Bikini Online

When planning the digital business communications for a business, it is important that your potential use of social media/online platforms stays within the ethical and legalities of digital marketing.

Being a start-up brand in a niche market, Kiss The Sea Bikini's marketing strategy centres around digital platforms, primarily Facebook posts and blogs. The business must, therefore, consider the copyright and communications concerns surrounding digital business communications, and evaluate how this might impact the brand in the launch of the business online.

One of the main considerations is how Australia's copyright laws will affect the online presence of Kiss The Sea Bikini.

When incorporating content such as images, it is important that the business either utilises images they have developed themselves (i.e. taken personally) or they have received legal permission to utilise the image, if the reliance on fair dealing exception is inapplicable.

Permission is also needed when linking in other people's wrk or websites. Permission is best in writing. When using facts on the website, or referenced quotes, permission to publish is not a legal copyright requirement.

Along with the copyright laws, Kiss The Sea Bikini also need to to consider several other legal issues/requirements when developing their website, online presence and blogging. These include ensuring that all use of material from the internet or downloaded from other sources is legitimate and permissible in order to avoid piracy, ensuring information is obtained legally to avoid fraud, and ensuring privacy is not breached by disclosing gathering processes before private information is obtained, as well as giving the individual choices as to how their information can be/will be used.

Although digital business communications executions may satisfy the legal requirements concerning digital marketing, it is also important that the business maintains an ethical approach/presence.

The difference between legalities and ethics is that legal standards are based in written law/legislation, whereas ethical standards are based on the human principles of what is right or wrong. This means that although a blog or any other extension of online communications may meet legal requirements, it may not necessarily be ethical.

Some of the ethical decisions Kiss The Sea Bikini would need to make when designing our website include;

1. Giving customers as much honest and accurate information as possible.

2. Competing in the market through building our own reputation and not through malicious attack strategies on the reputation of our competition.

3. Selling only authentic, quality products that our customers can trust in the brand, and return to purchase again in the future.

Along with these decisions, there are several legal requirements that will also influence the way the website is developed. These include;

1. All personal information/data gathered complies with The Privacy Act 1988, as well as the Australian Privacy Principles (APP's).

2. The business is registered and has consulted the Australian Business License and Information Service (ABLIS) to see if the business needs a license/permit are applicable, and thus needed, for your online business to run. The business should also register for the brand/brand logo to be trademarked and ensure your trademark does not infringe on anyone else's trademark.

3. Ensuring the business plan upholds the Australian Consumer Law, which includes pricing regulations, "do not call" lists, proof of transaction etc, as well as abiding by regulations established in The Spam Act.

Concepts of spam and privacy are also fundamental considerations to Kiss The Sea Bikini's business communications strategies as the use of Email and even SMS is a cost-effective means of reaching out to current and/or potential customers. Emailing is a free means of reach and thus many businesses rely heavily on email for promotional purposes.

However it is important to remember that the business needs to gain consent from the customer to contact them via these means, as well as provide the option to unsubscribe, and ensuring that the customer's choice to unsubscribe is honoured. If these factors are not met through Kiss The Sea Bikini's website, then the business risks both heavy fines from breaching the Spam Act, as well as severely damaging the brand's reputation.

In summary, the knowledge, understanding and adherence to the legal and ethical regulations/ obligations of digital marketing communications are essential factors in the successful launch of Kiss The Sea Bikini's website and online presence, as well as retaining and strengthening the business within the market.