Marking the end of a two-year process, the Digital Advertising Alliance (“DAA”) released new rules that addressed mobile privacy and offered guidance to advertisers, agencies, media, and technology companies.
The new guidance is intended to complement the 2010 Self-Regulatory Principles for Online Behavioral Advertising (“OBA”) and the 2012 Principles for Multi-site Data (“MSD”). Like the other components of the self-regulatory program, the mobile guidance will be monitored by the Council of Better Business Bureaus and the Direct Marketing Association. DAA noted that it intends to release a consolidated set of Self-Regulatory Principles that integrate the OBA, MSD, and mobile guidance into one uniform set of Principles.
Under the new rules, opt-in consent is required prior to the collection of data such as geolocation and address books. To serve targeted ads, however, companies need only offer consumers the ability to opt out. The collection of data for employment, health care, insurance, and credit-related purposes is prohibited.
Users will be provided with a standard notice, similar to the ubiquitous blue AdChoices icon used by the DAA for OBA, that mobile data collection for advertising purposes. DAA general counsel Stu Ingis told MediaPost that the group is working on an AdChoices app that will function as an opt-out mechanism. Consumers will be able to download the app and “exercise choice with respect to all of the third parties,” he stated.
Concurrently, the National Advertising Initiative (“NAI”) released its own mobile code that applies to third-party ad network and exchange members. Similar to the DAA’s guidance, the NAI’s rules require that users be informed about cross-app advertising and be offered the ability to opt out of behaviorally targeted ads on mobile devices. The NAI’s Mobile Application Code “provides new guidance on how members can provide adequate notice and choice on small screens as well as best practices for the collection and use of precise location data and other types of personal data, such as contact lists and photos,” NAI said in a statement.
To read the DAA’s guidance, click here.
To read the NAI’s guidance, click here.
Why it matters: The DAA said the release of the guidance signals the start of an implementation phase, during which the group will endeavor to educate the industry about the new rules before enforcement begins. For members of the NAI, enforcement will begin in roughly six to nine months, Marc Groman, executive director and general counsel at the NAI, told AdAge. He called mobile compliance monitoring “incredibly challenging.” The growth of the industry’s self-regulatory programs stands in opposition to regulatory efforts, Ingis noted, particularly the World Wide Web Consortium’s failure to reach consensus on a Do Not Track standard. “We have offered a heightened standard while the W3C continues to flounder,” he told AdWeek. “We’ve made that whole effort irrelevant.”