scholarly journals Informacja handlowa i marketing bezpośredni bez uprzedniej wyraźnej zgody – wybrane zagadnienia

Radca Prawny ◽  
2021 ◽  
pp. 165-190
Author(s):  
Piotr Kantorowski

Commercial information and direct marketing without prior and explicit consent – selected issues The aim of the article is to examine legal regulations in the context of answering the question whether – and if so, then under which circumstances – marketing activities performed via means of electronic communication are legal when the party conducting these activities does not have the prior and explicit consent to perform them. In particular, the article will analyze the provisions of Article 10 of the Act on provision of services by electronic means and Article 172 of the Act – telecommunication law, which are the key legislative provisions to resolve this issue. To answer the question posed in the article, the subject and object scopes of both legal norms in particular will be compared. Such a comparison is necessary to determine whether – and if so, then what kind of – marketing communication can be made without prior and explicit consent. On the other hand, the author will not discuss more broadly the issues concerning the processing of personal data, although he will draw attention to the conditions that must occur in order for the personal data held by the controller to be used for the purposes identified above.

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>


2019 ◽  
Vol 33 (3) ◽  
pp. 53-69
Author(s):  
Anna Szymczak

Summary A contemporary consumer is a challenge for marketing specialists. The analysis of the conducted research shows that only a well-constructed marketing message, using new technologies will be a key element of effective marketing communication. There is a growing interest in the use of virtual and augmented reality on the market. The aim of the work is to analyze the possibilities of using innovative tools, based on virtual and augmented reality in marketing communication. The source basis of the study is available literature on the subject, secondary sources, own analyzes and research and studies carried out by foreign research institutes. The paper presents the results of authorial research carried out in 2018 using the CAPI method, as well as self-audit of marketing activities using VR and AR based on the SERVQUAL model. The results of the study indicate limited use of VR and AR. It should also be emphasized that these results are not representative, but point to a relationship that is worth exploring on a larger research group.


Lex Russica ◽  
2021 ◽  
pp. 23-32
Author(s):  
M. N. Maleina

Currently, neither conclusion nor execution of the contract for the performance of sociological research have legal regulation. The paper proves that the contract under consideration refers to civil contracts for the provision of services. Thus, in case of a dispute, the general rules of Chapter 39 of the Civil Code of the Russian Federation (“Reimbursable Services”) should be applied. The ICC/ESOMAR Code applies to sociological services relations if the parties in the agreement between them have stated the provisions of the ICC/ESOMAR. The essential terms of the contract for the performance of sociological studies using the questionnaire should include: the subject matter of the contract; the type and characteristics of the information collected; the method of research; the study respondents; confidentiality of respondents’ personal data; the term (period) and the place of the study. The subject matter of the contract under consideration covers the main actions of the parties: the performer conducts the sociological research (collects, purposefully processes and transmits certain information), and the customer accepts and pays for services rendered. The collected data is intended for establishing and analyzing social trends, patterns of social development, solving the problems of the society as a whole, population groups and a separate team. Non-essential terms of the contract for the performance of sociological studies using the questionnaire method include the terms stipulating the method of conducting the questionnaire, the quality of the research, the registration of the result of the study and the procedure for the transfer of information, the amount and procedure of remuneration for services rendered, the terms regulating liability for non-performance of the duties of the parties. The author proposes to enshrine in the law a simple written form of any kind of contract for the performance of sociological research regardless of the price of the contract, the personality of the customer and the performer indicating that failure to comply with the simple written form of the contract entails its invalidity.


2020 ◽  
Vol 6 (02) ◽  
pp. 171
Author(s):  
Hilda Yunita Wono ◽  
Imanuel Deny Krisna Aji

This study aims to determine the activities of Integrated Marketing Communication (IMC) which is the preference of students at private universities X in Surabaya. This research is a quantitative type of research using the slovin method and stratified random sampling combined with purposive sampling as a sampling method. Existing data is processed using SPSS Statistics so that the data is presented in tabular form as data analysis. The results of this study were to find several IMC activities that were considered the most interesting by these college students, starting from the most popular ones namely sales promotion (42%) and followed by personal sales, and advertising. In this study also known some IMC activities that are considered unattractive or even unknown by students in this tertiary institution starting from those considered unattractive or unknown such as events and experiences (31%), then following with direct marketing activities, and finally is an advertisement where some unknown or uninterested students are found.


2019 ◽  
Vol 2 (2) ◽  
pp. 291
Author(s):  
Oktri Permata Lani ◽  
Ilham Havifi

The city of Pekanbaru is a strategic area where the population is increasing and becoming a metropolitan city. The rapid development of Pekanbaru City is also reflected in the rapid growth of businesses in various places, with various business sectors. One of the most prominent efforts is the business in the culinary field. Almost in every corner of the culinary business available in the city of Pekanbaru with a variety of culinary choices. The great desire of culinary entrepreneurs in the city of Pekanbaru in carrying out their business, maintaining, developing to become bigger and then reaching the peak. In this case, three culinary ventures in Pekanbaru, namely Martabak Djoeragan, Mini Chef and Waroenk Baper, require marketing communication in the introduction of their culinary business to the community, not only as an introduction but also to maintain the existence of their business. This study uses quality methods. The results of this study indicate that the clinical marketing communication of the clinicians in Pekanbaru Kta through advertising activities, sales promotion activities, public relations and public relations activities, personal sales activities, direct marketing activities, event activities and experiences. Besides marketing communication is also associated with brand equity, which is seen from brand awareness and response to the brand. The use of New Media is very important in maintaining, introducing, and developing its business.


2021 ◽  
Vol 30 (4) ◽  
pp. 593
Author(s):  
Sylwia Zaborska

<p>Given the growing popularity of biometrics, doubts about the conditions for biometric data processing can be noticed in practice. These inaccuracies take place in various areas of law, including labour law. This article provides a theoretical discussion on the processing of special categories of data. It aims to point to the need for appropriate legal regulations to ensure the security of the processing of biometric data of employees and candidate employees. The article starts with clarifying the concept of biometric data and discusses the practical aspects of the use of biometric tools. Further on, the author analyses the legal regulations concerning the processing of biometric data in the relations between the employer as the personal data controller and the employee as the data subject. As a result of the studies carried out, a position was presented which indicates that the employer who processes biometric data of employees and candidates for employment should always find out whether he has legal justification to process the data in question. This article is one of the few studies on the processing of biometric data in Polish literature on the subject. The main purpose hereof is to present situations under the current legislation, in which the employer can process biometric data of its employees. The article is a form of universal presentation of the problem and may be of interest especially to legal practitioners.</p>


Author(s):  
M. S. Krylova

The paper considers the peculiarities of the legal protection of personal data of minors in the field of electronic communications in the European Union. The reasons for the expediency of introducing differentiated rules for minors in the context of the realization of the right to protection of personal data are substantiated. In addition, the article analyzes the provisions of Regulation (EC) 2016/679 on the protection of individuals in the processing of personal data and on the free movement of such data which entered into force in May 2018. The author reflects its innovations regarding the conditions for applying to the minors the concept of informed consent for processing and measures to verify the age of data, including the provision of services in electronic communications.


Author(s):  
A.A. Pass

The development of the legal norms of the Republic of Kazakhstan aimed at countering corruption is presented. The content of the relevant Decrees of the President N. A. Nazarbayev, parliamentary legislative acts, articles of the Criminal and Administrative Codes, decisions of the Supreme Court were reviewed. The format of the special scientific expertise has been analyzed, through which the prepared draft laws on the subject of the corruption component should pass. Attention is paid to the optimization of such state functions as the procurement procedure and the provision of services, where corruption risks are traditionally high. The positive results of filling positions in the executive bodies of power in the manner based on the principles of meritocracy are noted. The importance of preventive educational measures among the population in relation to bribery is shown. The conclusion is made about the need for further implementation of a number of provisions of international conventions in the internal regulatory framework that have proven to be effective tools to curb the abuse of power for mercenary purposes.


2020 ◽  
Vol 6 (1) ◽  
pp. 1-17
Author(s):  
Cut Nailil Muna

ABSTRAKPenelitian ini bertujuan menganalisis lebih lanjut penerapan Integrated Marketing Communication pada Festival Seni Rupa Kontemporer Internasional ARTJOG MMXIX yang diselenggarakan oleh Heri Pemad Management (selanjutnya disingkat HPM). Manfaat penelitian ini adalah memberikan kontribusi pemikiran bagi pengembangan pengelolaan manajemen seni dalam keberhasilannya meraih pasar. Untuk menjawab pokok masalah dalam penelitian ini, peneliti mengacu pada konsep komunikasi pemasaran terpadu model George dan Michael Belch (2011) yang meliputi advertising, sales promotion, personal selling, direct marketing, Public Relations and Publicity serta interactive marketing melalui tiga tahapan proses, yaitu perencanaan, implementasi, dan evaluasi. Penelitian dijalankan secara kualitatif dengan metode studi kasus. Pengumpulan data terbagi dua yaitu data primer melalui wawancara dan observasi; serta data sekunder melalui studi pustaka. Key informan dan informan yang dipilih berasal dari internal HPM dan pengunjung Festival ARTJOG MMXIX. Penelitian ini mampu menjelaskan bahwa HPM telah mengimplementasikan Integrated Marketing Communication melalui tahap perencanaan yang dimulai dari targeting, positioning, penetapan tujuan dan anggaran. Tahap implementasi, dilakukan perancangan pesan, pemilihan media, dan penerapan bauran komunikasi. Tahap evaluasi, dilakukan analisis untuk mengukur hasil akhir dari implementasi bauran IMC sekaligus mengambil tindakan korektif dalam penyelenggaraan festival tersebut. Kesimpulannya, HPM telah berhasil menerapkan konsep komunikasi pemasaran terpadu pada penyelenggaraan Festival Seni Rupa Kontemporer Internasional ARTJOG MMXIX. ABSTRACTThis research aims to further analyze the implementation of Integrated Marketing Communication at the International Contemporary Arts Festival of ARTJOG MMXIX organized by Heri Pemad Management (hereinafter abbreviated as HPM). The benefit of this research is to contribute to thinking for the development of art management in the success of achieving the market. To address the subject matter of this study, researchers refer to the concept of Integrated Marketing Communication George and Michael Belch (2011) model’s which include advertising, sales promotion, personal selling, direct marketing, Public Relations and Publicity and interactive marketing through three stages of the process, planning, implementation and evaluation. Research is conducted qualitatively with case study methods. Two data collection is the primary data through interviews and observations; and secondary data through library studies. Key informant and informant are selected from the internal HPM and visitors Festival ARTJOG MMXIX. The research can explain that HPM has implemented Integrated Marketing Communication through the planning phase starting from targeting, positioning, goal setting and budget. Implementation stage, message design, media selection and communication mix application. Evaluation stage analyzed to measure the outcome of the implementation of IMC mix and take corrective action in the implementation of the festival. In conclusion, HPM has successfully adopted the concept of integrated marketing communication at the International Contemporary Art Festival of ARTJOG MMXIX.


2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.


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