ELZABURU has had the pleasure of working together with the publisher Thomson-Reuters Aranzadi on Fashion Law, a pioneering work in Spain on the subject of fashion law, which was presented on 16 April.

In these short weekly summaries, the professionals at ELZABURU who participated in the work offer us a brief outline of their contributions:

Data has undoubtedly become of one the most valuable intangible assets of any organization. The fashion sector is no exception and technology has helped to increase sales in the sector and reduce costs, as well as bring companies closer to their customers and enable them to identify their customers’ needs.

In this regard, intelligent analysis and appropriate management of data protection can be a competitive weapon for companies and an additional means of securing the loyalty of existing customers and attracting new customers, provided that they are conducted in a transparent manner and with respect for customers and users. Big Data is a very powerful tool, although various precautions must be taken to avoid breaching the rights and freedoms of the users whose data will be subjected to mass data processing, particularly if it is combined with or supplemented by automated decisions, one of the biggest threats in the mass processing of data, together with so-called “artificial intelligence”.

The General Data Protection Regulation has brought with it greater obligations with respect to the processing of personal data. In this regard, those organizations using Big Data processing will in all probability have to conduct a data protection impact assessment on the processes involved, and designate a Data Protection Officer.

Behavioural marketing allows companies to track the behaviour of users in order to then create detailed profiles and classify individuals and target advertising in accordance with their tastes and preferences. This monitoring of behaviour can be more or less invasive and conducted using different means. In the fashion sector, this can be in public spaces, through a range of different geolocalisation techniques (RFID labelling, geofencing, beacons, GPS, mobile localization services), in the new commercial spaces shared by different brands, in the establishment itself through the implementation of a range of technologies that can convert it into a smart store, and via the Internet (thanks to social networks, cookies and similar devices, mobile applications, wearables, etc.).

Whatever the chosen data processing method, brands must place customers and users at the heart of their business and this will require them to treat their customers with care and show them that they are important to the business, and thus ensure that the interests of customers and users are respected. This means that all processing of their data must be lawful, fair and transparent.

To that end, data processing in the fashion sector will generally need to be based on one or more of the following premises:

• A contractual or pre-contractual relationship exists between the brand and the customer or potential customer justifying the processing of their data (for example, the sale of any product to a customer);
• The brand has a legitimate interest that prevails over the rights and interests of the customer or potential customer (for example, in certain cases, direct marketing, except e-mail marketing, which generally calls for the express consent of the e-mail recipient);
• The brand has a legal obligation (for example, tax or accounting obligations); or Express consent is held from the different interested parties (for example, for the distribution of a newsletter).

Finally, in order to ensure that all data processing carried out is fair and transparent, all fraudulent or misleading means, in both the collection and subsequent use of data, must be avoided, and the individuals whose data is being processed (customers, potential customers, contacts, employees, etc.) should be provided with information on the characteristics of the processing of their data, information which can be limited to identifying who is processing their data and the method involved, with whom the data is shared, whether the data will be sent or accessed from outside the European Economic Area, and specifying their rights in relation to the data processing.

Author: Ruth Benito 

Visit our website: http://www.elzaburu.es/en

Blog entries in the series Fashion Law:

1.Trademark protection in the fashion sector (23.04.2018)

2.Design protection in the fashion sector (30.04.2018)

3.Patent protection in the fashion sector (07.05.2018)

4.Protection of fashion through copyright (21.05.2018)

5. Image rights in the fashion sector (28.05.2018)

6.Fashion Law. Data Fashion (04.06.2018)

7.Counterfeiting in the fashion sector (11.06.2018)

8.Exhaustion of rights in the fashion sector (18.06.2018)

9.Corporate reputation in the fashion sector (25.06.2018)

10. Protection of the commercial imagen of a fashion brand (04.07.2018)

11. Websites, Apps & Social Networks (13.07.2018)

12. Valuation of intangible assets (17.07.2018)

13. Licensing (06.09.2018)