EASA Best Practice Recommendation for a European Industry-wide Self-Regulatory Standard and Compliance Mechanism for Consumer Controls in Online Behavioural Advertising
Introduction
The European Advertising Standards Alliance (EASA) is the single authoritative voice on advertising self-regulation issues and promotes high ethical standards in commercial communications by means of effective self-regulation, while being mindful of national differences of culture, legal and commercial practice. These standards are promoted, for example, via EASA’s Advertising Self-Regulatory Charter and EASA’s Best Practice Recommendations.
As a non-profit organisation based in Brussels, it brings together 34 (of which 26 in Europe) national advertising self-regulatory organisations (SROs) and 16 organisations representing the advertising industry (advertisers, agencies, the various forms of traditional and digital interactive media (including IAB Europe)) in Europe and beyond. For a listing of EASA’s members please see section 10.
The EASA Best Practice Recommendation (BPR), for a European industry-wide selfregulatory standard and compliance controls in Online Behavioural Advertising (OBA), is intended to contribute to providing a host of consumer privacy protections for OBA through self-regulation across Europe.
It provides a comprehensive self-regulatory solution for Online Behavioural Advertising, which complements IAB (Interactive Advertising Bureau) Europe’s Online Behavioural Advertising Framework and establishes an industry-wide standard. The features of this response are:
- A complete and integrated self-regulatory solution for OBA;
- A coherent minimum harmonised approach to be implemented across the EU / EEA;
- A pan-European industry-wide approach and standard;
- OBA User Choice Site for consumer feedback and complaints;
- Robust and effective self-regulatory enforcement mechanisms.
The EASA BPR has been the subject of consultation with broad industry and non-industry stakeholders and discussion in two dedicated EU Round Tables led by DG InfSo of the European Commission on self-regulatory solutions in the area of Online Behavioural Advertising.
It was adopted by EASA’s Board on April 7 2011 and sent to national SROs in Europe and EASA industry members for national implementation. EASA has committed to ensure at least 70% of its EU SROs have implemented the BPR within a year (i.e. by the end of April 2012).
Summary
Overview of the Best Practice Recommendation for EASA Industry and SRO members on Online Behavioural Advertising
This Best Practice Recommendation recommends that:
EASA industry members should:
- Clearly request their members to support the adoption at local level of rules on Online Behavioural Advertising based on this best practice;
- Clearly request their members to support the adoption at local level of the new remit and rules for the handling of complaints on Online Behavioural Advertising by selfregulatory organisations (SROs);
- Establish a clear agreement with the ad networks regarding the handling of complaints of a non-technical nature by the advertising self-regulatory bodies;
- Ensure adequate industry awareness of the above amongst their members;
- Ensure adequate and comprehensible consumer awareness of the above;
- Ensure the necessary linkup with the consumer controls page to create a one stop shop for consumer feedback and complaints;
- Ensure the necessary linkages between industry compliance monitoring reports and the complaint handling processes;
- Establish robust measures for sanctions related to repeat offenders or rogue traders.
EASA member self-regulatory organisations (SROs) should agree with their local advertising industry and Online Behavioural Advertising partners to:
- Extend their remit beyond marketing communications content to include the handling of complaints regarding Online Behavioural Advertising;
- Include a new section in the applicable codes covering provisions for Online Behavioural Advertising based on this best practice;
- Put in place the necessary procedures to handle complaints on Online Behavioural Advertising including the consultation of experts, relevant organisations and linkup with industry monitoring compliance reports on OBA;
- Ensure adequate industry awareness of the above;
- Ensure adequate and comprehensible consumer awareness of the above;
- Provide a clear and comprehensible means via the OBA User Choice Site for consumers to feedback on technical issues (e.g. pertaining that the opt out link or button has not worked but not that a company has refused to fix a technical fault) and make complaints to SROs where necessary;
- Ensure a clear referral system and assistance for consumer feedback on technical issues to the OBA User Choice Site.
The EASA BPR has contributed to the revision process for the International Chamber of Commerce’s Consolidated (ICC) Code on Marketing Communication and Advertising, for which a new section will deal with digital interactive media including addressing Online Behavioural Advertising. The new Consolidated ICC Code is expected to be launched in September 2011.