Consumers everywhere need to know how their information is collected and used by companies when they visit websites or see ads. They also need an easy, reliable way of controlling how their information is used.
The “Ad Choices” Program
Created by the Digital Advertising Alliance (DAA), the
Self-Regulatory Program for Online Behavioral Advertising, or “AdChoices” Program, ensures that businesses give consumers meaningful transparency and control over how their information is used online, eliminating the need for more heavy-handed government legislation.
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Enforcement is handled by the Council of Better Business Bureaus (CBBB) and Direct Marketing Association (DMA). Compliance status letters are actively being sent.
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Compliance is required for all members of DAA member associations (4A’s, AAF, ANA, DMA, IAB).
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The FTC is taking action against companies now. An investigation can cost $100k+ or worse.
What you need to do:
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License icon from DAA
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Get icon on every OBA ad/page
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Deliver notice and choice through icon
The European ePrivacy Directive
The ePrivacy Directive is ratified EU law; each of the 27 member states is now required to pass their own version. Key components include:
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Notice on collection/use of European consumers’ data
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The means to
control how their data is used
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For all forms of tracking, not just cookies and/or online behavioral advertising (OBA)
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Consumer consent is required
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Consent will be interpreted differently per region
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“Implied consent” (could be satisfied by acceptance implied from user's actions or technology)
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“Explicit consent” (could mean proactive browser setting, opt-in cookie collection and more)
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Self-Regulatory Program supports Directive
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Ad Choices icon program akin to the US Self-Regulatory Program
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Requires notice on ads/sites where data is collected or used for behavioral advertising
What you need to do:
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Audit/monitor tracking on sites
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Give consumers transparency and control with enhanced notice in ads/on sites
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Fulfill 27 member state requirements for consent
Privacy, security and performance
If you’re a website owner, in order to comply with any privacy regulations, the first thing you have to do is understand the tracking that’s happening across your pages. You have contracts with certain third parties so that they can leverage your audience data responsibly.
But there are often other third parties collecting data on your site that you don’t know about. That puts one of your most valuable assets at risk. If you have a number of sites, that risk grows exponentially. Moreover, excessive tags can slow page load time and hurt conversions, search engine optimization, and overall performance. That can damage your brand and business in general.
What you need to do:
Assess your site “hygiene” for compliance with the AdChoices Program and ePrivacy Directive, and address critical security and performance issues simultaneously.
