Recently, Accountability Program released its first compliance decision with regards to cross-device tracking and issued a compliance warning concerning enhanced notice for video ads. The Accountability Program made the announcement in December saying that on April 1, 2018, it will begin enforcement of the enhanced notice requirements in the DAA’s Self-Regulatory Principles for Online Interest-Based Advertising for interest-based video ads (video IBA) in the mobile and desktop areas. (According to the Accountability Program, it is already enforcing the other notice and opt-out requirements of the DAA Principles with respect to video ads.) The newly released compliance warning states that interest-based video ads will be required to be accompanied by enhanced notice, either in or around the ad in question, or provided by the first party on the third party’s behalf. This enhanced notice must (1) alert consumers to the fact that a video ad is interest-based, and (2) provide easy access to the company’s disclosures of its IBA practices as well as its IBA opt-out mechanism.
The compliance warning suggests that companies:
- Review existing technical and compliance guidance documentation (such as the DAA Ad Marker Implementation Guidelines for Video Ads, IAB Video Ad Standards Overview and Documentation, the DAA Principles, and Accountability Program Cases and Compliance Warnings).
- Determine which standards your company should follow.
- Consult with the Accountability Program and notify the program if compliance by April 1 is unlikely. The compliance warning states that questions from companies are taken in strict confidence and will not result in a compliance action.
The Online Interest-Based Advertising Accountability Program is part of the advertising industry’s self-regulatory program for online and mobile interest-based advertising. The Accountability Program enforces the Digital Advertising Alliance’s (DAA) guidelines for online and mobile interest-based advertising, multi-site data, and cross-device tracking. The Accountability Program monitors interest-based advertising (IBA) and publishes compliance decisions resulting from its enforcement actions.