repuational risk management - a legal point of view · repuational risk management - a legal point...
TRANSCRIPT
Repuational Risk Management -a legal point of view
March 2016
Dr. Steffen Bunnenberg
#content
1. What happens if there is no reputationalrisk management?
2. What happens if you have a very goodreputational risk management?
3. What are the key elements of a verygood reputational risk management?
#reputational crises
What happens if there is no reputationalrisk management?
#reputational crises
1. legitimate claims2. illegitimate claims3. mixed cases
#legitimate claims
If the claim is legitimate, no legal steps are necessary.
#illegitimate claims
If it is an illegitimate claim, legal actions are possible and in general necessary.
#mixed cases
The right mixture and the right timing of direct communication and legal actions are the adequate answers.
#illegitimate claims - options
- you might be entitled to injunctive relief, counterstatement, repeal, compensation and reparation
- initialising the article to be blocked for search engines
- initialising the links to be blocked from the search index
#gatekeeper of reputational crises
Today, gatekeeper are not only traditional publishers or media corporations, they arealso those, who help to find information.
#accellorator of reputational crises
Internet &CPC and CPL
What happens if you have a verygood reputational riskmanagement?
#reputational risk management
You are ((very) well) prepared.
You know, what has happend.
You are able to lead thecommunication.
#reputational risk management
#reputational risk management
Perception of legitimate interest
#reputational risk management
Perception of legitimate interest
… to publish lawfully negative assumptions, speculations and rumours about ...
#reputational risk management
As long as the journalist is taking care ofhis duties (perception of legitimateinterest), in principle you are not entiteldfor any legal action. In this case: negative assumptions, speculations, rumours can not be fought with legal steps.
#reputational risk management
Informant àJournalist àResearch (Duties of Care) àPublishing an exclusive Story (negative Assumptions, Speculations, Rumours) àReputational Crises
#reputational risk management
Of course the journalist knows how far he can go, but it is time, that you influence, how far he can go.
#reputational risk management
Information letter based on press law:
- issued by an attorney- distributed through news agencys- carefully worded notice on (potential)
journalistic malpractice - request to respect journalistic standards- notice that any further publications will be
legally checked and claimed
#reputational risk management
Defueling of the potential scandal.
Information letter will be quoted.
No exclusive story. No one is first.
Self-Perception will be published, if the company already took the necessary steps.
Stakeholder
Self-Perception Public-Perception
#What is an reputational risk?
What are the key elements of a verygood reputational risk management?
#reputational risk management
core valuescore risks
#identify reputational risk
channels of communication
#identify reputational risk
#identify reputational risk - the acceleration
A few years ago people were talking offline at their group of regular´s.
facebook, kununu, tripadvisor, jameda, sanego, blogspot, holidaycheck, doccheck, yelp, google places, xing, linkedin, idealo, verivox, check24, test, ökotest, fuchsbriefe, avis-verifies, Bazaarvoice, Bizrate, eKomi, E-Komerco, ECナビ, The Feedback Company, Feefo, FIA-NET, Hardware.info, KiyOh, Klantenvertellen, Poulpeo, PriceGrabber, ResellerRatings, Reviews.co.uk, Reevoo, Shopper Approved, ShopVote.de, ShopAuskunft, StellaService, Trusted Shops, TrustPilot, Viewpoints.com, Yopi.de, Yotpo, お財布.com, クチコミの王様, Zoorate
#identify reputational risk - the acceleration
#identify reputational risks
FansFellowsSoldiersPrisonersGuerilla Fighters
#rate - the acceleration of a crises
#rate reputational risks
Fine, Tax offence, Regulatory offence, CAC, LTV, Churnrate
#rate - the acceleration of a crises
Most people talk at least to five other people about negative experiences with a company.
Source: forum!-Grundlagenforschung Fanfocus Deutschland 2013/2014
#define actions - groundrules
- capture all relevant information according toidentified reputational risks
- install and incentivate a whistleblowing system- teach to live the core values- teach to understand the influence of reputational
risk- install an easy to handle checklistsystem for your
employees according to all identifyed reputationalrisks
- monitor all communication channels important foryour core values to identify the reputational risksyou can´t manage
#define actions – individual
- single point of contact- define an event-team (PR Agency, Lawfirm)- check all options, their advantages and disadvantages
continuesly- information letter based on press law
#Thank you
Dr. Steffen BunnenbergBunnenberg Bertram RechtsanwälteFasanenstr. 7110719 Berlin
Tel.: 030 983 216 490E-Mail: [email protected]