News & Analysis as of

Digital Advertising Alliance

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

The Weekly Privacy Rewind

by BakerHostetler on

Class Actions - Facebook Cannot Evade Suit Under Illinois’ Biometric Information Privacy Act Even Where No Proof of Harm - In separate rulings handed down last week in the Northern District of California, the court...more

Online Merchant Cited for Inadequate Interest-Based Advertising Disclosures

by BakerHostetler on

Liftopia, an e-commerce platform that enables ski resorts to sell advance-purchase tickets online, was cited in a recent decision by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program...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

Coming to Video Ads in 2018: Self-Regulation

Video advertising regulation will begin April 1, 2018, the Online Interest-Based Advertising Accountability Program announced this week with a Compliance Warning....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

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

Accountability Program Cracks Down on Compliance With DAA

Bringing its total of public actions to 80, the Online Interest-Based Advertising Accountability Program released two cases addressing elements of first- and third-party compliance under the Digital Advertising Alliance’s...more

Industry Watchdog Reminds Digital Advertisers of the Importance of Providing Consumers With Transparency and Choice in Latest...

by BakerHostetler on

Two digital advertising companies, Adbrain and Exponential Interactive, were cited in recent decisions by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP) for not complying with...more

Self-Regulatory Organizations Launch New Version of IBA Choice Tool: Allows Opt-Out of Cookieless Tracking

by WilmerHale on

Two self-regulatory organizations that promulgate transparency and choice standards for interest-based advertising (IBA) have created new beta versions of their consumer choice tools for setting preferences about digital...more

On the Heels of Finding Unexpected Data Tracking Unfair and Deceptive, the FTC Issues Guidance on Cross-Device Tracking

by BakerHostetler on

We recently discussed the Federal Trade Commission’s (FTC’s or Commission’s) expanded application of its unfairness authority and exercise of its deception authority in bringing a complaint against a maker of smart TVs that...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

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

FTC Staff Releases Report on Cross-Device Tracking

by Alston & Bird on

The Federal Trade Commission (FTC) recently released its staff report on Cross-Device Tracking. Cross-device tracking refers to the tracking of consumer activity across multiple devices such as smartphones, desktops,...more

Cross-Device Tracking: Time to Reevaluate Privacy Policies

by Womble Bond Dickinson on

U.S companies are expected to explain how consumers are being tracked across devices, so that the company knows a consumer accessing its website from smartphone, tablet, television, laptop or other devices. Until now, U.S....more

Your Company's Website Privacy Policy Probably Needs a Refresh (Before February 1, 2017)

As 2016 has come to a close, now is a good time to take stock of new disclosure obligations for website privacy policies introduced over the course of the year. It is likely that if your company’s privacy policy has not been...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

Avoiding the Enforcement Crosshairs of Cross-Device Tracking

by Kelley Drye & Warren LLP on

The Digital Advertising Alliance (DAA) recently announced that enforcement of its guidance on cross-device tracking (the “Application of the DAA Principles of Transparency and Control to Data Used Across Devices”) is set to...more

Enforcement of DAA Cross Device Tracking Guidance Set to Begin in Early 2017

In October, the Digital Advertising Alliance announced that it will commence enforcement of its guidance on cross-device tracking on February 1, 2017. Although the DAA published the guidance in November of 2015, it has...more

Advertising Law - November 2016

Ken Bone: Breakout Star, Violator of FTC Guides? - One thing folks on both sides of the political aisle can agree upon is that Ken Bone left the second presidential debate as a breakout star. But he may have tripped up...more

Time to Set the Clock: Self-Regulatory Enforcement of Cross-Device Tracking Begins in February 2017

by WilmerHale on

The Digital Advertising Alliance (DAA) recently announced that self-regulatory enforcement of its cross-device guidance will begin in February 2017. Accordingly, companies that engage in cross-device tracking and...more

Interest-Based Advertising Disclosure Requirements Become More Clear—and Potentially More Burdensome

Recent enforcement decisions within the digital advertising industry indicate a shift in—and a clarification of—the required disclosures for companies engaged in interest-based advertising (IBA). In particular, these...more

Self-Regulatory Actions Signal Warning for Mobile Apps that Allow Third Parties to Collect Information for Interest-Based...

by WilmerHale on

Recent actions against two prominent mobile app developers serve as a warning for companies that authorize third parties to collect and use information over time for advertising in mobile apps (known as interest-based...more

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