360DigitalInfluence

Ogilvy Public Relations Worldwide
Aug 30

Navigating the Regulatory Highway

When marketing on behalf of regulated industries (such as the healthcare companies that I spend the majority of my time focusing on), working within strict guidelines is a large part of the process - both from an external perspective (FDA, FTC, HIPPA, etc) but often internally as well.  Legal and regulatory experts work to help companies stay within safe boundaries by providing review and oversight, which can often challenge marketers who want to be cutting edge as they draw attention and appeal to their target audiences.

Using new communications channels, such as social media, can provide new challenges for those working to keep their companies safe. But regulation and innovation don’t need to be at odds with one another. Below are just a few sample ways marketers can work with those providing regulatory and legal oversight to leverage the Social tools their customers are rapidly consuming.

  • Partner early and often with regulators to develop guidelines: by developing guidelines together of what is acceptable use of social media, and the precautions the company will take, marketers and legal/regulatory specialists can both become invested in the rules of the road. The teams can and should work together to update the guidelines as new channels are used, leveraged in new ways, and new media emerge (as they frequently do these days…)

  • Get regulatory specialists to weigh in and become a part of the development process - and not just be a “reviewer”: involve regulatory experts throughout the process - from concept development through to final review - to incorporate their feedback, guidance and best practices. Often other groups in the company have worked on similar concepts or ideas where best practices or even sample language can be shared by review groups.

  • Provide real and relevant examples: showing what others in the industry - or related industries - have done before can help alleviate fears or help provide precedent to move forward. Things have been done before are inherently less scary - especially to those tasked with keeping their employers away from risk. When making a case to regulatory and legal teams, we often look for similar examples from those in the industry working in other specializations - or tap into colleagues who work in fields that are similarly regulated.

  • Provide samples: Beyond showing examples, nothing helps sell-in a concept than providing samples of how a project will look and feel. Demonstrating a user experience with samples takes concepts out of others’ imagination (where you have no control) and brings them to life. Proposing a microsite? Develop wireframes to demonstrate. Integrating Twitter in your campaign? Mock up sample tweets that show the range and types of information you’ll communicate. Driving your target to YouTube? In addition to storyboarding out your video concepts, show regulators channels that are laid out and have similar controls (such as turning off comments) to what you are proposing so they can interact with a similar idea.

  • Have an issues management review and response plan in place: As the boy scouts say, be prepared. Reviewing the risks - and having a plan in place to address them - from smallest issue to biggest crisis, can help alleviate some of the fear around the unknown. And working with legal/regulatory experts to develop the response plan can help bring them around to feeling a smart approach is in place.

2 Responses to “Navigating the Regulatory Highway”

  1. Sam Rosen Says:

    Thanks for the tips, Kevin. For someone who’s worked more at the cutting edge outside of regulatory necessities, it’s good to know how to help clients who are facing large compliance hurdles. Love the advice and will definitely integrate it into our own campaign development process.

  2. ENRIQUE ALDA Says:

    Interesting comment Kevin
    What is particularly interesting in Europe, where probably EMEA is not as strict as FDA (?), is to try to apply your advices to client regulatory department’s practice what sometimes are much more rigid than health authorities.
    By the way, where are you based on?

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