QR Code Legal Issues - Trademark, Privacy and Advertising Compliance Guide
"QR Code" Is a Registered Trademark
"QR Code" is a registered trademark of Denso Wave. Using it in blog posts or conversation is fine, but caution is needed when using it in product or service names.
For commercial use, Denso Wave recommends including "QR Code is a registered trademark of Denso Wave Incorporated." Verify trademark compliance when including "QR Code" in your product names.
Personal Information Handling
Storing personal information in QR codes is subject to privacy protection laws. Putting your own contact in a business card QR code is your choice, but distributing QR codes containing others' personal information requires their consent.
When dynamic QR codes collect scanner location or device information, privacy policy disclosure and consent collection may be required.
Advertising Regulations
Displaying "Scan to win luxury prizes!" next to QR codes is subject to advertising regulations. If actual winning odds or prize details differ from the display, it may constitute misleading advertising.
Campaign pages accessed via QR codes are held to the same legal standards as regular advertising. Being "behind a QR code" doesn't relax regulations.
Protecting Against Misuse
Prepare for risks of third parties misusing your QR codes. Overlay scams pasting fake QR codes over legitimate ones may violate unfair competition and fraud laws, but prevention is key.
Effective measures include regularly scanning your QR codes to verify correct destinations, using tamper-evident seals, and monitoring scan count anomalies with dynamic QR codes.
Responsibility extends to the destination's content too
When installing a QR code, what tends to be overlooked is that responsibility extends to the content of the destination page too. The code itself is only a pattern, but what the person who scanned opens is a page you prepared. If there is inaccurate information or misleading expression there, the side that posted the code comes to be held accountable. Even when guiding to a page made by a third party, guiding without confirming its content can become a cause of trouble. The code is an entrance, and an attitude of taking responsibility including what lies beyond it is required.
Preparing for replacement and tampering
A QR code posted at a storefront or on a poster carries the danger of being replaced with a different code by a third party. If it is swapped for a malicious code, users may be guided to a fraudulent site and harm may arise. The side that posted it needs the consideration of periodically confirming whether the code it installed is the legitimate one, and patrolling for any suspicious replacement. If you also write the correct destination in text near the code, users find it easier to notice a difference. Not ending with installing, but keeping an eye on the state after posting too, leads to protecting users.
Copyright and QR Code Design
When creating design QR codes with logos or illustrations placed in the center, pay attention to the copyright of the images used. Embedding another company's logo or copyrighted material into a QR code without permission may constitute copyright or trademark infringement.
Using your own logo is fine, but when using free stock images, check the license terms. Using materials that prohibit commercial use in a commercial QR code would violate the license.