Compliance » Cautions About “Online Behavioral Advertising”

Cautions About “Online Behavioral Advertising”

January 18, 2017

Online behavioral advertising – advertising targeted to a consumer’s interests based on his or her online behavior – falls into two basic types, explains Bryan Cave attorney David A. Zetoony. First-party behavioral advertising garners information from visitors to a particular site, for use of the operators of that site. Third-party behavioral advertising “refers to situations in which a company permits others to place tracking cookies on the computers of people who visit the site, so that those individuals can be monitored across a behavioral advertising network.” Its the latter type of activity that many consider problematic, and one state – California – has a law on the books that “could be interpreted as requiring websites to notify consumers if they permit third party behavioral advertising.” In addition there are two self-regulatory associations that have formulated standards for third-party behavioral advertising and promote opt-out options for consumers who don’t want to be tracked. This post explains how to address this issue, and it includes a checklist for website operators who want to evaluate their own behavioral advertising practices.

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