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How to Prepare Interest-Based Video Ads for the April 1 Deadline

The Better Business Bureau’s Online Interest Based Advertising Accountability Program announced that that it will require interest-based video ads to provide notice and choice to viewers as of April 1, 2018, as we reported in our Advertising blog, in compliance with the Digital Advertising Alliance’s self-regulatory principles for interest-based advertising. As providers of interest-based video ad networks and services gear up for the deadline, there are three core areas to think about. First, the basics, are you engaging in interest-based advertising in the serving of your video ads? Now is the time, in advance of the April 1 date, to have these conversations with your business teams. Second, if the answer is yes, how are users being provided with notice? Is the notice compliant with the DAA Principles? For example, is it up-front? Does it direct users to a location where they can get more detailed information about your activities? Third, how are users being provided with choice? For those who engage in other types of interest based advertising, these steps will sound familiar. But expanding the conversation with marketing to video advertising may be new.

Putting it into Practice: Companies involved with video advertising should start now to evaluate their data collection practices to determine whether they are engaged in interest-based advertising and, if they are, whether they are providing consumers with transparency and choice, as required by the DAA Principles.

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume VIII, Number 25

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About this Author

Julie Rubash, Sheppard Mullin Law Firm, Digital Media and Intellectual Property Attorney
Associate

Julie Rubash is an associate in the firm’s internationally acclaimed Entertainment and Digital Media Practice Group in the firm's Century City office and is the Lead Associate of the firm’s Advertising Industry Team. 

Ms. Rubash focuses her practice on all aspects of transactional advertising, technology, media and entertainment law, with a particular emphasis on emerging media platforms.

310-228-2250
Liisa Thomas, Sheppard Mullin Law Firm, Chicago, Cybersecurity Law Attorney
Partner

Liisa Thomas, a partner based in the firm’s Chicago and London offices, is Co-Chair of the Privacy and Cybersecurity Practice. Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.” Liisa is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and external practitioners alike.”

She is known as an industry leader in the privacy and data security space and is consistently recognized by Leading Lawyers Network, Chambers and The Legal 500, and leading publications and organizations for her work in this area of law. Liisa was recently recognized as the 2017 Data Protection Lawyer of the Year - USA by Global 100, the 2017 U.S. Data Protection Lawyer of the Year by Finance Monthly, and the “Best in Data Security Law Services” at Corporate LiveWire’s 2017 Global Awards.

312-499-6335