Good marketing and efficient sales are basic requirements for commercial success for practically all companies. Generating leads is often the key objective in the first phase of many campaigns. The concept of leads is multi-layered: a lead is partly understood to mean the contact data and consent of persons who have declared their agreement to direct marketing measures by particular companies. Companies also refer to a lead if there is a notional or qualified interest in concluding an actual contract. Even more multi-layered than the term itself are the instruments used in generating leads: telemarketing, e-mail advertising, coupons, games, advertisements, comparison calculators, incentives, discounted entry offers, affiliate programmes, etc. Depending on the purpose behind generating leads and the instruments used, the legal framework can vary hugely, as can the disruption potential for lead generation campaigns.
For many years, we have been successfully advising and representing companies pursuing lead generation for their own company or for third-party companies. From a legal perspective, such operations can frequently involve issues relating to various areas of the law. For instance, there is a need to respect provisions under trademark law, competition law and data protection law. Statutory duties to inform, spread across numerous statutes, frequently also play a part, as does specialist legislation (such as insurance contract law, trade regulations, and the law governing electrical and electronic equipment). Particular conflicts can be anticipated if third parties (for instance, affiliates) are involved in the lead generation process, because such cases can give rise to risks that are difficult to monitor.
We have been providing extensive support with all problems associated with lead generation for some time. We assist in drawing up contracts with lead generation as their object. We advise on determining the legal boundaries and the risks of lead generation. And we represent companies against whom third-party claims are lodged in the wake of lead generation (e.g. if they are warned following the unlawful conduct of an advertising partner), and also companies who fall victim to non-permitted lead generation measures by competitors.