osborneclarke.de oba breakfast seminar 22 january 2013 stephen groom oc london action points for uk...

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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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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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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Contact

Stephen GroomHead of Marketing & Privacy LawOsborne ClarkeLondon

T +44 207 105 7078F +44 207 105 7079stephen.groom@osborneclarke.com

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