Often in website terms and conditions and privacy policies, the
website provider alerts the web user that the website collects
"cookies" from users during their visits to the
You will have noticed that when you are doing searches online or
regularly using a news portal or Facebook, advertisements pop up
that seem uncannily close to your interests. This is online
behavioural advertising. This is where the history of the activity
on a device is used to generate more targeted advertising.
Third Party OBA
The self-regulating Guideline covers "Third Party
OBA", which is when browsing behaviour is used to deliver
behavioural advertisements across unrelated
The Guideline sets out how the industry should balance
advertiser and user interests when utilising Third Party OBA.
The seven principles of the Guideline
Third parties should not combine OBA data with personal
information (as it is defined under the Privacy Act)
Provision of clear information to web users by both the third
party collecting and using the OBA AND the website operator
The user must have a choice over OBA and the opportunity to opt
out and in some cases require explicit consent
Requirement to keep the data secure: both browser safeguards
Careful handling of sensitive segmentation (such as advertising
Education of users of websites about OBA
Being held accountable for adherence to the Guideline,
including application and eligibility, compliance, validation and
handling of consumer complaints
If you engage advertising agencies or purchase advertising
on websites or content aggregators and require assistance with
understanding how your business can comply with the Guideline,
please do not hesitate to contact Naomi Messenger or Matthew
Swaab Attorneys was the highest ranking law firm and the
13th best place to work in Australia in the 2010 Business Review
Weekly Best Places to Work Awards. The firm was a finalist in the
2010 BRW Client Choice Awards for client service and was named the
winner in the 2009 Australasian Legal Business Employer of Choice
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Although it is generally understood that no duty of care is owed to problem gamblers to prevent them from suffering gambling loss, recent Australian case law suggests that there may be instances where a successful claim in negligence can be brought.
The judgment is important to advertisers in all industries, especially those who use headline messages in advertisements.
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