ARTICLE
21 April 2011

Online behavioural advertising code released – How do you want your cookies crumbled?

S
Swaab

Contributor

Swaab, established in 1981 in Sydney, Australia, is a law firm that focuses on solving problems and maximizing opportunities for various clients, including entrepreneurs, family businesses, corporations, and high-net-worth individuals. The firm's core values include commitment, integrity, excellence, generosity of spirit, unity, and innovation. Swaab's lawyers have diverse expertise and prioritize building long-term client relationships based on service and empathy.
In brief: Industry coalition releases voluntary Guideline - Web users to have ability to opt out of OBA In late March 2011, an Australian advertising industry coalition released its Australian Best Practice Guideline for Online Behavioural Advertising (OBA, also known as Interest Based Advertising).
Australia Media, Telecoms, IT, Entertainment

In brief: Industry coalition releases voluntary Guideline - Web users to have ability to opt out of OBA

In late March 2011, an Australian advertising industry coalition released its Australian Best Practice Guideline for Online Behavioural Advertising (OBA, also known as Interest Based Advertising).

What is Online Behavioural Advertising?

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 website.

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 websites.

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 and storage
  • Careful handling of sensitive segmentation (such as advertising to children)
  • 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 Hall

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 Awards.

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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