What are the laws governing online advertising?
Online advertising in Hawaii must comply with all applicable state and federal laws. Advertising cannot be false or misleading, and any claims made must be substantiated. Hawaii law prohibits deceptive trade practices, including bait-and-switch, misrepresentation, and failure to disclose material facts. Additionally, deceptive or unfair advertising that is likely to cause financial loss or emotional distress is prohibited. Consumer privacy laws in Hawaii also apply to online advertising. Advertisers must comply with the consumer privacy laws by providing users with clear and conspicuous disclosure of their information-gathering practices, and obtaining user consent prior to the collection of personal data. Finally, Hawaii law strictly regulates the use of cookies for online advertising. Cookies are defined as any data stored on a user’s computer, and Hawaii law requires that any use of cookies must be disclosed to the user. Advertisers must also obtain users’ informed consent before installing or activating any cookies. In some cases, they may also be required to delete or deactivate the cookies after a certain period of time. In short, online advertising can be complicated and businesses must comply with a variety of laws in Hawaii. It is important for businesses to understand these laws and be transparent in their information-gathering practices in order to maintain legal compliance.
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