Legal Updates - OBA

Commercial Law – Internet Law – Online Behavioural Advertising – Advertising Standards Authority and Committee of Advertising – ASA

 

The Advertising Standards Authority and Committee of Advertising Practice recently introduced new rules around Online Behavioural Advertising ("OBA") by third parties.

 

Background

 

OBA is where a consumer’s online behaviour is tracked and as a direct result of this tracking, the consumer receives targeted advertising tailored to the consumer’s online behaviour. The new rules apply to “third parties” engaging in OBA via websites other than those that they own/operate.

 

The new rules cover the following:

 

·        Notification. Third parties must provide “clear and comprehensive notice” to users about the collection and use of web viewing data.

·        Opt-out. Consumers have a choice as to whether they wish to receive targeted advertising and third parties must provide them with an opt-out on OBA data collection.

·        Explicit Consent. “Explicit consent” must be sought by third parties from users using technology to collect and use information about websites visited by users.

·        Under 12s. OBA should not be targeted at children aged 12 or under.

 

Although the rules currently do not cover the use of OBA with regards to mobile devices, it is likely that the rules will eventually be updated to take this into account.

 

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© RT COOPERS, 2013. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.