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Legal issues affecting business transactions conducted via the social media




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Assignment: Social Media

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1. Discuss the four (4) components of a legally astute social media marketing manager who
utilizes social media outlets for consumer transactions and how each component can
mitigate the risk involved in doing business in cyberspace.
One of the principal social media outlets is Twitter. The four components of a social media
marketing manager who is legally astute and who make use of social media outlets while making
transactions with consumers are appropriate utilization of legal tools, as well as, laws; capability
to practice informed judgment; approach to regulation and value laden attitude. The appropriate
utilization of legal tools provides the company’s overall strategy which varies in accordance to
the business managers’ legal tools. This component analyses how the laws have impact on the
risk ratio for conducting business via the social media. It also creates room for the best
application of the legal tools which enable the realization of social media marketing legal
astuteness. The capability to practice informed judgment provides the legal rules along with
outcomes for not only executing the facts but also minor changes dramatically. It also offers
guidance in implementing the decisions together with dealings foe the firm’s social media
marketing. In regard to approach to regulation, it refers to the legal opportunities along with
constraints of complying with the social media legal astuteness. So as to benefit from innovation
regulation and opportunity, as well as, deregulation, this component offers a valuable practical
approach to regulation. One of the proposed forms in this component is the reaction-
counteraction which is taken the firm’s counsel manager communication in viewing the firm’s
legal status. Value laden attitude recognizes the need of the management astuteness so that the
organization can realize success. It confines the organization in determining their rules of the
game which should be in line with the set laws. Besides, it is based upon the ethical and moral
considerations for establishing legal smart management teams (Bagley, 2013).

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2. List and analyze methods of alternative dispute resolution and determine which would
be most effective in resolving genuine disputes that arise with consumers who may make
purchases from businesses that provide links via social media.
The alternative dispute resolution methods are negotiation, mediation along with
arbitration. Negotiations together with mediation are the informal techniques which are mostly
utilized within the initial stages of the consumer disputes. The two are considered as ideal within
most escalated occurrences. Basically, the disputants may either represent themselves or send a
legal council to appear on their behalf and a decision which is mutually agreed is arrive at once
the two parties make known their opposing stories. Arbitration involves seeking the services of a
third party, the arbitrator, and it usually takes place within court rooms and the decision reached
at is usually legally binding. Negotiation is the most effective method of resolving consumer
disputes because it is less costly and saves the involved parties from not only poor publicity but
also public scrutiny (Atlas, Huber & Trachte-Huber, 2000).
3. Since consumer transactions on social media can occur across state lines, determine how
the federal government can best control these transactions.
The federal government can best control the consumer transactions within social media
by implementing the transparency right which involves having the rights of obtaining
information concerning privacy and security practices so as to be in control of social media
consumer transactions. The security procedure would offer guidelines for securing, as well as,
handling consumer data. In that regard, the federal government can concentrate on how to
mitigate improper disclosure, unauthorized access along with destruction of consumer
transactions. The federal should also put in place measures which will make certain that the
provisions of the E-sign Act are adhered to by all parties. The aforementioned Act protects both

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