The Better Business Bureau (“BBB”) encourages companies that promote products using personalized online native advertisements to comply with the Digital Advertising Alliance's (DAA) Self-Regulatory Principles for Online Behavioral Advertising

In particular, the BBB recommended that publishers should provide, in addition to a privacy policy, a clear, prominent and separate "enhanced" notice (e.g., an icon or a roll-over link using common wording such as "What's this?" or "Why did I get this ad?") which will direct the visitors to information concerning the origin of the native advertisement and allow them to opt-out of receiving behaviorally targeted advertisements. The "enhanced" notice should be provided when data is collected or used for the purpose of online behavioral targeting. 

Earlier this year, following a BBB review, several prominent publishers (including Best Buy, BuzzFeed, Go.com, Answers Corporation and Yelp) agreed to revise their sites and offer an "enhanced" notice in order to comply with the industry's self-regulatory privacy guidelines.

The BBB's approach underscores the importance to adhere to the industry's privacy guidelines with respect to native ads. In this regard, we would like to refer our clients to our recently published practical guidelines in which we outlined the key principles concerning serving native ads.