Behavioral Advertising

News & Analysis as of

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

Accountability Program Releases Compliance Warning on Enhanced Noticed for Online Native Advertising

The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online...more

Advertising Industry Enforces Enhanced Behavioral Advertising Notice Requirements on Websites

On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators have agreed to update their respective websites to provide enhanced...more

BBB Watchdog Cites Five On-Line Companies for Failing to Adhere to Enhanced Notice of Third-Party Data Collection for Online...

This week, the Online Internet-Based Advertising Accountability Program, a unit of the Better Business Bureau (“BBB”), released five decisions in which Answers Corporation, Best Buy, BuzzFeed, Go.com, and Yelp agreed to...more

New CA Privacy Disclosure Requirements Clarified By AG

California has a number of privacy notice requirements for businesses collecting data from California residents, including as of January 1 of this year a requirement that websites, mobile apps and online services make certain...more

Oh Canada! Google Settles Health-Related Behavioral Advertising Claims

The Office of the Privacy Commissioner of Canada (OPC) announced on January 15, 2013, that it reached a settlement with Google over the use of health information in behavioral advertising. The case involving a complaint that...more

Socially Aware - Volume 4, Issue 2 - December 2013

In This Issue: Peering Into the Future: Google Glass and the Law; Ownership of Business-Related Social Media Accounts; Two Circuits Address the First Amendment Status of Facebook Activity; Collaborative Consumption –...more

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

New Self-Regulatory Compliance Decisions Focus on Roles of Agency and Demand Side Platform Engaged in Online Behavioral...

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program issued three compliance decisions involving an advertiser, its agency and the provider of a self-service demand side platform in relation...more

The Clock is Ticking for Implementation of “Enhanced Notice”: The 6 Questions Online Service Providers Should be Asking about...

Walking around a department store isn’t the only time you’re being tracked while you shop. If you’ve ever visited a web page and seen an advertisement for the exact same pair of shoes you were looking at on a different web...more

A Warning for Websites Allowing Data Collection for Online Behavioral Advertising

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (“the Accountability Program”) issued its first ever compliance warning on October 14, a move that is intended to clarify the obligations...more

Was AdChoices Just Flipped the (Twitter) Bird on Behavioral Targeting?

It appears that users won’t be seeing the blue AdChoices triangle icon on Twitter anytime soon. AdChoices and its blue triangle icon are the work of the Digital Advertising Alliance (a consortium of trade groups) to provide...more

FTC Final Order Prohibits Epic Marketplace From "History Sniffing"

The FTC recently approved a final order settling charges against Epic Marketplace, Inc. (“Epic”), a wholly-owned subsidiary of Epic Media Group, LLC. This action against Epic is another step in the FTC’s continuing efforts to...more

Online Interest-Based Advertising Icon to Be Used on Facebook to Give Greater Transparency and Choice Regarding Targeted Ads

On February 4, 2013, the Online Interest-Based Advertising Accountability Program issued a decision that concluded its inquiry into how the online advertising industry's Self-Regulatory Principles for Online Behavioral...more

UK Cookie Enforcement Report: Relevant to Canada

On December 18, 2012, the UK Information Commissioners’ Office (ICO) issued an enforcement report on compliance with the rules regarding obtaining consent to the use of cookies and similar technologies....more

Privacy Alert: COPPA Amendment Impacts Apps, Ads and Social Networks

After a two-year comment process, the Federal Trade Commission adopted its long-awaited amendments to the Children's Online Privacy Protection Rule in December 2012. The amendments, which go into effect July 1, 2013,...more

UK Cookie Enforcement Report: Relevant To Canada

On December 18, 2012, the UK Information Commissioners’ Office (ICO) issued an enforcement report on compliance with the rules regarding obtaining consent to the use of cookies and similar technologies....more

On-Line Privacy: The FTC Snuffs Out A “History Sniffer”

Most people seem to know that on-line browsing does not occur in a vacuum. As we browse the Web the sites we visit send “cookies” to our browsers that allow those sites to recognize us and keep track of our activity on them....more

FTC Consent Order Illustrates Importance of Privacy Policy Disclosure and Adherence

The importance of fully disclosing (and abiding by) your company’s privacy policies was underscored last month when the U.S. Federal Trade Commission issued a consent order barring Epic Media Group, LLC, an online advertising...more

FTC Expands Scope Of Children's Privacy Law To Keep Pace With New Technologies

On December 19, 2012, the Federal Trade Commission (FTC) finalized amendments to the Children's Online Privacy Protection Rule (the Rule), which applies to operators of commercial websites or online services that (1) are...more

FTC Issues Substantially Revised COPPA Rule, Effective July 1, 2013: Review of Changes and Compliance Tips

On December 19, 2012, the Federal Trade Commission (“Commission”) announced long-awaited amendments to its rule implementing the Children’s Online Privacy Protection Act (“Rule”). The changes – which take effect on July 1,...more

FTC Settles ‘History Sniffing’ Charges Against Online Advertising Network

The Federal Trade Commission recently announced that it entered into a settlement with Epic Marketplace, Inc., (Epic) an online advertising company, of charges that its "history sniffing" practices violated Section 5 of the...more

Learning from the Past: The FTC Bans Undisclosed History Sniffing

It has been said that we must learn from the past to profit by the present. Taking this literally in this digital age of ours, one online advertising company has found this maxim to have some serious privacy implications as...more

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