New Compliance Warning: Interest-Based Video Ads Must Provide Notice and Choice

The Online Interest-Based Advertising Accountability Program recently warned that it will require interest-based video ads to provide transparency and control to viewers by April 1, 2018.

The Accountability Program, a service of the Better Business Bureau that regulates online behavioral advertising, has previously enforced the Digital Advertising Alliance’s self-regulatory principles for interest-based advertising (DAA Principles) with respect to behavioral advertising across websites, mobile apps and across multiple devices associated with the same person, but it has refrained from enforcing the principles with respect to online video ads to allow the video ad marketplace to innovate and mature. Due to the exponential growth of online video ad spend, the Accountability Program says that the time is now right to set a date for enforcement.

To comply with the DAA Principles, video advertisements must, among other requirements, provide just-in time, up-front notice to consumers when serving interest-based video ads. The Accountability Program is not requiring any specific technical implementation of the notice, as long as it is a clear, meaningful, and prominent signal in or around the ad, directing consumers to disclosures about the company’s interest-based advertising practices and how to opt out, and that it is otherwise in compliance with the requirements of the DAA Principles.

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