In its latest action, the Online Interest-Based Advertising Accountability Program emphasized the importance of enhanced notice for consumers of behavioral targeting.
Pursuant to the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles, companies engaged in interest-based advertising (IBA) must inform website visitors when third parties collect their web browsing data, and provide them with an opportunity to opt out of the IBA.
A consumer filed a complaint with the Accountability Program about Liftopia, a website that sells tickets for ski lifts across the country. When the Accountability Program reviewed the website, it observed that third-party companies known to engage in IBA had collected data.
The Accountability Program sent an inquiry letter to Liftopia, expressing its concerns.
“These changes brought Liftopia into full compliance with the DAA Principles,” the Accountability Program said.
While either the first or third party can provide the enhanced notice link on a website where third parties are collecting data for IBA, “both parties are independently responsible for ensuring that enhanced notice is, in fact, provided,” the Accountability Program noted.
The group also pointed out that because it began enforcing the enhanced notice provision four years ago, companies cannot plead ignorance of the requirement. “Given the large body of published Accountability Program decisions and the coverage they have received in the press, first parties that allow IBA on their sites should now fully understand their compliance obligations,” according to the decision. “Providing consumers with real-time notice and the opportunity to exercise choice about IBA is now a clear industry standard.”
To read the Accountability Program’s decision, click here.