Behavioral Advertising

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.
Continue Reading CARU Finds SpongeBob App in Violation of COPPA and CARU’s Guidelines

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.
Continue Reading New CFPB Interpretive Rule Targets Digital Marketing Providers

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.

Continue Reading Children’s Advertising Review Unit Finds Outright Games in Violation of COPPA and CARU’s Advertising and Privacy Guidelines

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.
Continue Reading FTC Seeks Public Comment on Modernizing Its Digital Deception Guidance

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.
Continue Reading European Union Reaches Political Agreement on Digital Services Act

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.
Continue Reading European Union Reached a Political Agreement on the Digital Markets Act

On March 1, 2022, President Biden, in his first State of the Union address, called on Congress to strengthen privacy protections for children, including by banning online platforms from excessive data collection and targeted advertising for children and young people.
Continue Reading President Biden Calls for Stronger Privacy Protections for Children in State of the Union

On February 2, 2022, the Litigation Chamber of the Belgian Data Protection Authority imposed a 250,000 Euro fine against the Interactive Advertising Bureau Europe for several alleged infringements of the GDPR, following an investigation into IAB Europe’s Transparency and Consent Framework.
Continue Reading Belgian DPA Finds IAB Europe Transparency and Consent Framework in Violation of the GDPR

The Austrian data protection authority recently published a decision finding that the use of Google Analytics cookies violates both Chapter V of the GDPR, which establishes the rules on international data transfers, and the Schrems II judgment of the Court of Justice of the European Union.
Continue Reading Austrian DPA Finds Data Transfers Resulting from Analytics Cookie Use to Be in Violation of GDPR Data Transfer Requirements

On December 27, 2021, the Federal Trade Commission sought public comment on a petition filed by Accountable Tech calling on the FTC to use its rulemaking authority to prohibit “surveillance advertising” as an “unfair method of competition.”
Continue Reading FTC Seeks Comments on Accountable Tech’s Petition for Rulemaking to Prohibit Surveillance Advertising