News & Analysis as of

Behavioral Advertising

Accountability Program Decision Emphasizes Enhanced Notice

In its latest action, the Online Interest-Based Advertising Accountability Program emphasized the importance of enhanced notice for consumers of behavioral targeting....more

NAI Issues 2018 Update to Its Code of Conduct

On December 4, 2017, the Network Advertising Initiative (NAI), a self-regulatory body comprised of more than 100 digital advertising companies that collect and use consumer information for online behavioral advertising (OBA),...more

New Compliance Warning: Interest-Based Video Ads Must Provide Notice and Choice

The Online Interest-Based Advertising Accountability Program recently warned that it will require interest-based video ads to provide transparency and control to viewers by April 1, 2018....more

Behavioral Advertising: What Companies Need to Know About Evolving Advertising Technologies

by McGuireWoods LLP on

Rapidly changing and complex technology, the rise of “Big Data” and an increasing focus on digital advertising has made advertising legal compliance an increasingly complex area for companies. In-house attorneys and their...more

Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit

The 9th Circuit Court of Appeals ruled that a non-party online behavioral advertising firm could not benefit from the arbitration clause in the agreement between Verizon and its customers because it was not a party to that...more

Key GDPR Guidance on Behavioral Advertising, Profiling and Automated Decision-Making

Spoiler Alert: Behavioral advertising companies will find some bad news in the guidance. The Article 29 Working Party (WP29) advisory group, which will soon become the more transparently-named (and very powerful) European...more

Better Business Bureau Enforces IBA Self-Regulatory Principles

by Reed Smith on

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program has cracked down on two digital advertising companies for allegedly violating the industry’s self-regulatory principles concerning...more

Political Polarization in a Programmatic World

In an era of heightened political awareness and division, brands are more and more sensitive to the nature of the content where their online ads are displayed. In an era of ever-increasing dominance of programmatic...more

Online Behavioral Advertising: A How-To Guide

by Bryan Cave on

Behavioral advertising refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two forms. ...more

FTC / DAA Extend Data Privacy Focus to Cross-Device Tracking

Enforcement of the Digital Advertising Alliance “Application of the Principles of Transparency and Control to Data Used Across Devices” (DAA Cross-Device Principles) officially began on February 1, just a week after the FTC...more

Data Privacy and Security: A Practical Guide for In-House Counsel, 2017 Edition

by Bryan Cave on

Boulder Partner David Zetoony published the 2017 edition of his handbook, Data Privacy and Security: A Practical Guide for In-House Counsel, on Jan. 28 – Data Privacy Day. The guide provides an overview of laws relevant to a...more

Disclose and Follow Standards for Collection and Sharing of Customers’ Online Behavioral Data

by Bryan Cave on

Many retailers engage in behavioral advertising, which refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two...more

Guidelines for Online Behavioral Advertising

by Bryan Cave on

Behavioral advertising refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two forms. “First party” behavioral...more

Google Makes Ad-Tracking Change in its Privacy Policy

by Reed Smith on

In 2007, Google bought online ad network DoubleClick, which uses cookies to collect and store data about Google users from their browsing history, to best place clients’ ads. This past June, Google revised its privacy policy...more

Facebook and HIPAA: Strange Bedfellows

by Carlton Fields on

As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

by BakerHostetler on

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for...more

First Circuit Opens New World of Potential Liability for Video Producers

by Brooks Pierce on

You may be too young for this to have been a big thing to you, but almost 30 years ago, D.C. Circuit Judge Robert Bork was nominated to the Supreme Court, and Washington, D.C. went into a tizzy. Coming as it did just a year...more

Top 5 Legal Considerations for FinTech Advertising

The growth and expansion of FinTech service providers nationally and internationally over the last five years is reshaping the financial landscape. This evolution includes differentiation in how financial products are...more

Legal Trends: Privacy

In April, the Office of the Privacy Commissioner of Canada (OPC) released its investigation report regarding Bell’s Relevant Ads Program (RAP). The RAP involved the creation of Bell Mobility customer profiles based on...more

FTC Prosecutes Serving of Behavior Ads on Kids’ Apps

by BakerHostetler on

The Federal Trade Commission reminded publishers and advertisers recently that the Children’s Online Privacy Protection Act (COPPA) prohibits data collection, absent verified parental consent, for behavioral (interest-based)...more

Third Circuit Slams Google’s Allegedly ‘Deceitful’ Cookie Practices

by Reed Smith on

Exploiting loopholes in Internet users’ cookie-blocking settings while claiming to protect them from cookies is a serious and deceitful invasion of privacy, the Third Circuit held November 10....more

Apple and The World’s Most Public Privacy Policy

It bears mentioning when one of the world’s most famous brands releases one of the world’s most prominent and readable privacy policies. That’s just what Apple did this week, and the message to other brands is clear – privacy...more

Alert: Digital Advertising Alliance Begins Enforcing Mobile Privacy Rules

by Cooley LLP on

On September 1, 2015, the Digital Advertising Alliance ("DAA") began enforcing the application of its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data (the "OBA Principles", the "MSD...more

Somebody’s Watching You: What Are the Rules?

by LeClairRyan on

In 1984, Kennedy William Gordy, better known as pop artist Rockwell, released his first and ultimately biggest hit: Somebody’s Watching Me. One can only imagine how Rockwell would have felt if the Internet was in full swing...more

Digital Advertising Alliance Focuses on Mobile Ads

As more users spend more time on their mobile devices, advertising dollars are following. And the compliance regime that governs interest-based advertising (IBA) (formerly referred to as online behavioral advertising or OBA)...more

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