Advertising Law Tool Kit - Twelfth Edition | 2024

Venable / 35 34 / Venable Michael A. Signorelli masignorelli@Venable.com +1 202.344.8050 Interest-Based Advertising When engaging in IBA, consider these compliance fundamentals: • First parties should screen their vendors for DAA compliance. • First parties should check if a vendor is on the DAA Choice Page or AppChoices. • First parties should provide enhanced notice on web pages and mobile applications. • First parties should obtain consent for the collection or transfer of Precise Location Data by third parties. • Third parties should provide enhanced notice and offer an opt‑out for their IBA practices. • Third parties should obtain contractual assurances from first parties regarding consent for the collection, transfer, or use of Precise Location Data. To learn more about the DAA guidelines, visit youradchoices.com/principles. For additional considerations for targeted advertising under the new state privacy laws that will come into effect in 2024, please refer to the “ Privacy and Data Security – State Privacy Laws” section on pages 56-59. Data helps drive advertising efficiency. A particularly effective form of advertising is interest-based advertising (IBA). IBA is advertising based on analysis of user activity across non-affiliated digital properties. It involves tracking activity across different websites and apps and across devices over time, making inferences about user interests based on that information, and delivering relevant advertising based on those inferred interests. The leading marketing and advertising trade associations developed a self-regulatory program, the Digital Advertising Alliance (DAA), to govern this form of advertising. The “DAA Self-Regulatory Principles” apply to website operators or app developers (first parties) and entities that collect data from first-party websites and apps for IBA purposes (third parties). The Principles require these parties to provide consumers with transparency and control for data collection on desktops and in the mobile space, and for cross-device linking. Stuart P. Ingis singis@Venable.com +1 202.344.4613