On Thursday, the Digital Advertising Alliance (“DAA”) announced that it will enforce its previously issued “Application of Self-Regulatory Principles to the Mobile Environment” (the “Mobile Guidance”) beginning September 1, 2015.

Although the Mobile Guidance was initially issued in July 2013, enforcement was delayed pending the DAA’s implementation of an effective choice mechanism for the mobile environment. In February 2015, the DAA released two mobile tools for consumers – the “AppChoices” mobile application and the “DAA Consumer Choice Page for Mobile Web.”

The Mobile Guidance clarifies how the existing Self-Regulatory Principles for Online Behavioral Advertising and MultiSite Data (collectively, the “Self-Regulatory Principles”) apply to mobile web sites and applications. In particular the Mobile Guidance addresses:

  • privacy notice, enhanced notice, and controls (opt-out mechanism) for data collected from a particular device regarding application use over time and across non- affiliate applications (“Cross-App Data”);
  • privacy notice, enhanced notice, and controls (opt-in consent) for data obtained from a device about the physical location of the device that is sufficiently precise to locate a specific individual or device (“Precise Location Data”); and
  • transparency and controls (opt-in consent) for calendar, address book, phone/text log, or photo/video data created by a user that is stored on or accessed through a particular device (“Personal Directory Data”).

After September 1, any entity that collects and uses Cross-App Data, Precise Location Data or Personal Directory Data will be required to demonstrate compliance with the Mobile Guidance, or risk being subject to the DAA accountability mechanisms. The Mobile Guidance will be enforced by the Council of Better Business Bureaus (“CBBB”) and the Direct Marketing Association, the same two entities which have had oversight of the Self-Regulatory Principles since 2011. During that period the CBBB has issued 29 Accountability Program decisions regarding advertisers, ad publishers and ad networks.