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osborneclarke.de
OBA Breakfast Seminar 22 January 2013
Stephen GroomOC London
Action points for UK advertisers
osborneclarke.de
Action points #1Remember the laws governing use of cookies under the Privacy and Electronic Communications (EC Directive) Regulations 2003 para 6
• Compliance with the new ASA rules does not guarantee compliance with the LAWS that are engaged whenever cookies or other technology are used to:
• Gain access to or store information stored on the terminal equipment of a subscriber or user
• With very limited exceptions these require that:
• clear and comprehensive information about the purposes of the storage of or access to that information and
• that the user or subscriber has given their consent
• The Information Commissioner's Office promises more enforcement action and said in November 2012
– "we expect to publish an update on cookies concerns reported to us and our enforcement activity by the end of November 2012."
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osborneclarke.de
Action points #2Website publishers may want to consider showing the "Advertising Option Icon" as "best practice"
• Currently there is only one available "relevant mechanism" in the UK which delivers the tools for compliance with the new ASA OBA rules
• This is the IAB Europe/EASA/EDAA "Industry Framework"
• Signatories have agreed to submit to a self and 3rd party certification scheme allowing use of a Trust Seal and….
• subject to payment of €3000-5000 licence fees, an Advertising Option Icon ("Icon") linking to a "Your Online Choices" facility allowing users to opt out
• Third party signatories must arrange for the Icon to appear as required
• Publishers of websites may if they wish show the Icon alongside their own privacy policy
• In time, for publishers to do this may be considered best practice and
• this may also stand them in good stead if ICO comes calling!
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osborneclarke.de
Action points #3Advertisers must remember their obligation to "in good faith co-operate"
• The ASA rules impose obligations on advertisers as well as third parties
• The obligation on advertisers arises if the ASA is unable to identify the relevant third party in the course of dealing with an investigation
• In such a case any advertiser whose ads appear courtesy of that third party's OBA activity must:
• "in good faith, co-operate with the ASA to help determine the identity of the third party."
• It is unclear what sanction may be applied to an advertiser who fails to so co-operate, but to avoid unnecessary time being spent dealing with the regulator and possibly worse…
• advertisers should take steps now to ensure full awareness of all relevant third party networks
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osborneclarke.de
Contact
Stephen GroomHead of Marketing & Privacy LawOsborne ClarkeLondon
T +44 207 105 7078F +44 207 105 [email protected]
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