On May 7, 2015, the Digital Advertising Alliance (“DAA”) announced that, as of September 1, 2015, the Council of Better Business Bureaus and the Direct Marketing Association will begin to enforce the DAA Self-Regulatory Principles for Online Behavioral Advertising and the Multi-Site Data Principles (collectively, the “Self-Regulatory Principles”) in the mobile environment.

In July 2013, the DAA issued the Application of Self-Regulatory Principles to the Mobile Environment (the “Mobile Guidance”), which clarified that the Self-Regulatory Principles apply to the mobile environment. The Mobile Guidance sets out how the Self-Regulatory Principles apply to:

  • data collected from a particular computer or device regarding web viewing over time and across third-party websites;
  • data collected from a particular device over time and across third-party applications;
  • precise location data collected from a device; and
  • “Personal Directory Data” which is calendar, address book, phone or text log, or photo or video data accessed through a device.

When the Mobile Guidance was issued in July 2013, the DAA announced that enforcement of the Self-Regulatory Principles in the mobile environment would be delayed until mechanisms for implementing consumer choice in the mobile environment were designed. In February 2015, the DAA announced the launch of two mobile tools that allow consumers to set their preferences regarding the collection and use of data across apps and mobile sites for Interest-based advertising.  Accordingly, the DAA announced that enforcement will commence on September 1, 2015.