Month 4 Flashcards

6 The target audience’s decision-making process and how that can influence marketing activities 7 The sector specific legal, regulatory and compliance frameworks within which they must work, including current Data Protection regulations. (83 cards)

1
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2
Q

What are the learning outcomes for the session on Ethics, Legislation, and Self-Regulation in Marketing?

A

Students will understand the sector-specific legal, regulatory, and compliance frameworks, including current Data Protection regulations.

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3
Q

What are the four components of Marketing Citizenship according to Caroll, 1991?

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Philanthropic, Ethical, Legal, and Economic.

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4
Q

What does the Philanthropic component of Marketing Citizenship entail?

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Being a good corporate citizen.

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5
Q

What is the Ethical component of Marketing Citizenship?

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An obligation to do what is right, just, and fair, and to avoid harm.

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6
Q

What does the Legal component of Marketing Citizenship emphasize?

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Obeying the law, which is society’s codification of right and wrong.

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7
Q

What is the Economic component of Marketing Citizenship?

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Being profitable, which is the foundation upon which all other components rest.

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8
Q

What ethical issues are associated with communications in marketing?

A

Ethical issues include the responsibility to provide honest and truthful information in advertising.

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9
Q

What recent ethical issue has emerged in digital marketing regarding influencers?

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Influencers face pressure regarding the products they choose to advertise, with bans on misleading weight loss product ads.

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10
Q

What is the role of the UK Advertising Controls?

A

To control advertising through a combination of codes of practice and legislation.

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11
Q

What are the benefits of the UK advertising self-regulatory system?

A

Easier for consumers, free to the taxpayer, simpler for advertisers, technology neutral, and harmonious decision-making.

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12
Q

What does the Committee of Advertising Practice (CAP) Code cover?

A

Non-broadcast advertising, sales promotion, and direct marketing.

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13
Q

What are the key principles that communications must adhere to according to the CAP Code?

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Advertisements must be legal, decent, honest, truthful, not misleading, and prepared with a sense of responsibility.

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14
Q

What is the purpose of the Broadcast Committee of Advertising Practice (BCAP)?

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To write and review the UK Code of Broadcast Advertising to prevent misleading ads and ensure taste and decency.

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15
Q

What is the role of the Advertising Standards Authority (ASA)?

A

To administer the CAP and BCAP codes, investigate complaints, and regulate advertising across various media.

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16
Q

How does the ASA ensure advertising standards?

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By regulating advertising across websites, online adverts, and social media.

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17
Q

What is the significance of identifying adverts vs. content in digital channels?

A

It helps consumers distinguish between sponsored posts and organic content.

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18
Q

What is the impact of misleading advertising according to the CAP Code?

A

It must ensure that all claims in adverts are accurate, unambiguous, and substantiated.

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19
Q

What is the relationship between advertising regulation and consumer protection?

A

Advertising regulation aims to protect consumers by ensuring truthful and responsible advertising practices.

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20
Q

What does it mean for advertising to be ‘technology neutral’?

A

All ads, regardless of the medium, are subject to the same high standards of regulation.

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21
Q

What does ‘harmonious decision making’ refer to in the context of advertising regulation?

A

Cross-media adjudication decisions are made by a single body, the ASA.

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22
Q

Why is the self-regulatory system for advertising considered beneficial for society?

A

It provides a unified approach to handling complaints and ensures high standards in advertising.

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23
Q

What is the importance of ethical considerations in digital marketing?

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They help maintain consumer trust and ensure responsible marketing practices.

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24
Q

What is Clearcast responsible for in broadcasting?

A

Clearcast advises on and clears commercials against the BCAP TV Advertising Standards Code before transmission.

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25
Which broadcasters must submit ads to Clearcast for approval?
ITV, Channel Four, Five, Sky, and Turner.
26
What is the role of Radiocentre in commercial radio?
Radiocentre is responsible for pre-clearing radio advertisements and sponsorship credits.
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What are the key compliance requirements for Radiocentre?
Compliance with BCAP and Ofcom Broadcasting Code.
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What does the UK Data Protection Act 2018 require from those using personal data?
Adherence to principles ensuring fair, lawful, and transparent use of data.
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List three principles of the UK Data Protection Act 2018.
1. Used fairly, lawfully, and transparently. 2. Accurate and kept up to date. 3. Kept for no longer than necessary.
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What is the UK GDPR and when did it come into force?
The UK General Data Protection Regulation, in force since 2021 post-Brexit.
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What is a key requirement for customers under UK GDPR regarding marketing messages?
Customers must express consent to receive marketing messages.
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What must businesses provide during the sign-up process for marketing activities?
Clear information about the purposes of collecting personal data.
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What are the seven key principles of UK GDPR?
Lawfulness, fairness, transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; accountability.
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Who is the Data Controller?
The individual/entity that determines how and why personal data is processed.
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What is the role of a Data Processor?
A third party that processes data on behalf of the Data Controller.
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Who is considered a Data Subject?
The individual whose personal data is being processed.
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How can data be collected besides user volunteering information?
Through observation of behaviour online or via smart devices.
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What does the term 'data minimisation' refer to in UK GDPR?
Collecting only what is necessary for the intended purpose.
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What is required for consent to share data with third parties?
Businesses must obtain consent and disclose who the third parties are and why data is shared.
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What does 'accountability' mean in the context of UK GDPR?
Organizations must demonstrate compliance with data protection principles.
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What does 'integrity and confidentiality' refer to in data protection?
Ensuring personal data is protected from unauthorized access or breaches.
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What is the purpose of the Ofcom Broadcasting Code?
To ensure advertising and broadcasting comply with standards including pre-clearance.
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What is the role of the ICO in relation to data protection?
The Information Commissioner's Office enforces data protection laws in the UK.
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What is meant by 'lawfulness, fairness, and transparency' in data processing?
Data must be processed legally, fairly, and openly to data subjects.
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What is the purpose of using algorithms to analyze data in profiling individuals?
To tailor products or services based on social media use, location, and purchase behaviour.
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What is the standard for consent under UK GDPR?
Positive opt-in, no pre-ticked boxes, clear language, and evidence retention.
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What does PECR stand for and what does it regulate?
Privacy and Electronic Communications Regulations; regulates digital communications, cookies, and consent.
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What are the requirements for email marketing permissions under PECR?
Freely given, informed, specific, and active consent using clear language.
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What is the difference between service messages and marketing messages?
Service messages inform users of necessary updates; marketing messages promote products/services.
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What constitutes informed consent for cookies under PECR?
Users must be informed of purpose, given choices, and asked to opt in or out.
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What does the Data and Marketing Association (DMA) promote?
Best practice in ethical marketing, customer respect, and data diligence.
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What is copyright?
The legal right granting creators exclusive rights to their work.
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What is copyright infringement?
Using copyrighted content without permission or a valid license.
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What areas does online brand and trademark protection cover?
Domain names, paid search advertising, and online brand reputation.
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What are the key principles outlined in the DMA Code?
Put the customer first, show data diligence, respect privacy, be honest, and act responsibly.
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What is required for consent to be considered unambiguous under PECR?
The language must be clear and easy to understand.
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What must users do to provide obtained consent for data processing?
Users must actively click ?I understand and accept?.
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What are the implications of the Amex fine by ICO in 2021?
Highlighted the importance of compliance in email marketing?Amex was fined for 4 million unlawful emails.
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What is the role of the Telephone Preference Service (TPS)?
Allows individuals to opt out of unsolicited marketing calls.
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What is the Mailing Preference Service (MPS)?
Allows individuals to opt out of unsolicited postal marketing.
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What is the Baby Preference Service (BPS)?
Lets parents opt out of marketing targeted at children.
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What is required for consent to be freely given under PECR?
Consent must be given without pressure or precondition.
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What does the term 'specific consent' mean in the context of data processing?
Consent must apply to a particular purpose, not bundled with others.
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What is the significance of keeping evidence of consent?
Proves compliance and protects against legal liability.
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What is the importance of clarity in gaining consent?
Helps users understand what they are agreeing to, increasing trust.
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What is the definition of Customer Personas?
Fictional summaries of typical customer types, based on data and insights.
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What is the importance of understanding buyer behaviour in marketing?
It guides product design, pricing, distribution, and promotion decisions.
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What does the customer journey encompass?
All the interactions and experiences a customer has with a brand.
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How does technology influence consumer behaviour?
It enables personalization, comparison, on-demand access, and customer co-creation (?prosumer? behaviour).
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What is a customer touchpoint?
Any interaction a customer has with a brand before, during, or after a purchase.
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What is meant by 'prosumer' in the context of consumer behaviour?
A consumer who also creates or influences products, content, or experiences.
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What does the traditional consumer buying journey focus on?
The full lifecycle of customer experience, not just the transaction.
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What is the significance of the 'Messy Middle' in changing buyer behaviour?
Highlights the non-linear, complex paths consumers take before purchase.
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How does relevance filtering affect consumer behaviour?
Ensures consumers see information that aligns with their interests.
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What does 'on demand; any time, any place, anywhere' imply about modern consumer behaviour?
Consumers expect convenience, immediacy, and flexibility in accessing products.
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What are the implications of changing consumer behaviour for marketing strategies?
Marketers must adapt to changing needs, platforms, and expectations.
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What is the role of customer touchpoints in the customer journey?
They shape customer perceptions and influence decisions at each stage.
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What is the purpose of developing customer personas?
To target marketing effectively based on behavioural and demographic traits.
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What is a customer journey map?
A visual tool to track the customer?s experience across different stages and interactions.
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What are the behavioural stages in customer journey mapping?
Discover, Explore, Buy, Use, Engage.
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What is the significance of personas in customer journey mapping?
They help identify different journey patterns and pain points.
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What are the key benefits of mapping the customer journey?
Unified experience view, enabling process alignment, and priority identification.
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What questions are essential in customer journey mapping?
Who? When? What? Where?