Page 17 - SMRH Eye on Privacy 2019 Year in Review Brochure

E-Cig Company Settles Online Behavioral Advertising Inquiry
Posted on March 21, 2019
A Dutch e-cigarette company recently settled a self-regulatory inquiry over its online behavioral advertising practices. The Accountability Program (a US self-regulatory group that oversees online and interactive behavioral advertising) found that the company, Fontem, did not provide sufficient methods for individuals to opt out of online behavioral advertising (OBA). The Accountability Program enforces the Digital Advertising Alliance’s online behavioral advertising program. That program requires companies that engage in online behavioral advertising to provide both notice of their OBA practices, and the ability to opt-out.
The Accountability Program began its investigation after a consumer complained that the consumer could not find where to opt-out of behavioral ads. Missing from the website in question (http://www.blu.com/), the Accountability Program concluded, was a separate link that takes consumers directly to information about the site’s engagement in behavioral advertising (and how to opt out of those activities). Additionally, although the website had a privacy policy that talked about “cookies,” it did not explain how to opt out of behavioral advertising. In response, the company agreed to add a link to the bottom of its website called “Internet Based Advertising,” separate from its “Privacy Policy” link. This link will take consumers directly to a new section in the privacy policy that explains what behavioral advertising occurs on the site, and how to opt-out of behavioral advertising.
PUTTING IT INTO PRACTICE: This case is a reminder that companies engaging in online behavioral advertising will be expected by the Accountability Program to have a stand-alone link on their websites that take users to information about behavioral advertising, and how to opt out. For more about what constitutes OBA and the DAA’s program, companies can read the DAA’s OBA Principles.
Sheppard Mullin Podcast Reports on Current Hot Topics in Privacy and Data Security
Posted on February 27, 2019
For multinationals, keeping up with changes in privacy laws and compliance requirements can be very difficult, as they vary widely across borders and within nations. The norms and expectations of privacy regulations even vary across demographics and generations.
In the most recent episode of the Sheppard Mullin podcast, Nota Bene, Liisa Thomas and Michael Cohen discuss some of the recent trends and concerns facing the C-Suite in the realm of privacy and data security. Drawing from predictions Liisa made earlier this year, we discuss in this episode four concerns for corporate leaders to keep in mind this year.
1. The upcoming California Consumer Privacy Act, and how to prepare for its January 1, 2020 effective date.
2. Anticipated enforcement trends for the EU’s General Data Privacy Regulation, especially for US companies.
3. IncreasedtrendsfortrackingandIoTdevices,andquestionscorporateleadersshouldaskoftheirteamsbefore implementing programs that incorporate those tools.
4. Finally, anticipated enforcement and regulatory efforts coming out of US states.
PUTTING IT INTO PRACTICE: Tune into Episode 25 of Sheppard Mullin’s Nota Bene podcast at to learn more on these developments. And subscribe to get more news about important legal developments that impact corporate leaders.
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