On September 23, 2022, New York State Senator Andrew Gounardes introduced S9563, also known as the “New York Child Data Privacy and Protection Act.”
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Behavioral Advertising
IAB Releases for Public Comment Proposed Contractual Framework and U.S. State Signals Specifications for Compliance with Five States’ Privacy Laws
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On October 13, 2022, the Interactive Advertising Bureau released for public comment an updated version of its contractual framework and new U.S. State Signals specifications to help the digital advertising industry comply with the comprehensive state privacy laws of California, Virginia, Colorado, Utah and Connecticut.
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FCC Proposes $3.4 Million in Fines for Violations of Children’s TV Programming Rules
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On September 21, 2022, the Federal Communications Commission announced a proposed combined fine of $3.4 million against Sinclair Broadcast Group, Nexstar Media Group and 19 other broadcast television licensees for violations of rules limiting commercial matter in children’s television programming.
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FTC Announces Agenda for “Protecting Kids from Stealth Advertising in Digital Media” Event
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On September 21, 2022, the Federal Trade Commission announced the agenda for its “Protecting Kids from Stealth Advertising in Digital Media” virtual event to be held on October 19, 2022.
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CARU Finds SpongeBob App in Violation of COPPA and CARU’s Guidelines
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On September 7, 2022, the Children’s Advertising Review Unit of BBB National Programs announced its finding that Tilting Point Media, LLC, owner and operator of the SpongeBob: Krusty Cook-Off app, violated the Children’s Online Privacy Protection Act and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy Protection. …
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New CFPB Interpretive Rule Targets Digital Marketing Providers
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On August 10, 2022, the Consumer Financial Protection Bureau issued a new interpretive rule clarifying when digital marketing providers must comply with federal consumer financial protection law. Under the new rule, Big Tech companies that use behavioral advertising techniques to market financial products will be subject to the Consumer Financial Protection Act of 2010. …
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Children’s Advertising Review Unit Finds Outright Games in Violation of COPPA and CARU’s Advertising and Privacy Guidelines
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On July 6, 2022, the Better Business Bureau National Programs’ Children’s Advertising Review Unit (“CARU”) announced that it had found Outright Games in violation of the Children’s Online Privacy Protection Act (“COPPA”) and CARU’s Self-Regulatory Guidelines for Advertising and Guidelines for Children’s Online Privacy Protection. Outright Games owns and operates the Bratz Total Fashion Makeover app, which CARU determined to be a “mixed audience” child-directed app subject to COPPA and CARU’s Guidelines due to the app’s subject matter, bright colors, visual content, lively audio and gameplay features.…
FTC Seeks Public Comment on Modernizing Its Digital Deception Guidance
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On June 3, 2022, the Federal Trade Commission announced it is seeking public comment on its 2013 guidance, “.com Disclosures: How to Make Effective Disclosures in Digital Advertising.” The public can provide comments on possible updates to the guidance through August 2, 2022. …
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European Union Reaches Political Agreement on Digital Services Act
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On April 23, 2022, the European Commission announced that the European Parliament and EU Member States had reached consensus on the Digital Services Act, which establishes accountability standards for online platforms regarding illegal and harmful content. …
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European Union Reached a Political Agreement on the Digital Markets Act
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On March 24, 2022, the European Union unveiled the final text of the Digital Markets Act that was reached following trilogue negotiations between the European Commission, European Parliament and EU Member States. …
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