1) Advanced Media and
Technology Law
ALERT
Advertising and Promotions Law
NOVEMBER 2015
On the same day that the Federal Trade Commission
was holding a workshop on cross-device tracking, the
advertising self-regulatory group Digital Advertising
Alliance released guidance related to the cross-device
collection and use of data for targeted advertising.
The new guidance clarifies how the DAA’s existing
principles (for online behavioral advertising, multi-site
data and data collected in the mobile environment)
apply to data collected and/or used across devices,
such as when data collected from a particular device
or browser is used with another device or browser
that is linked to the browser or device on which such
data was collected (or transferred to a non-affiliate) for
purposes of engaging in practices that are covered by
the DAA Principles.
The guidance addresses the two main elements of
the DAA Principles: Transparency (i.e., notice) and
Consumer Control (also known as Choice, which in
this context is the opportunity to opt out).
The responsibilities with respect to providing
Transparency and Consumer Control vary depending
on whether an entity is a First Party (e.g., a web
publisher or owner/operator of a mobile app) or a Third
Party (e.g., ad networks and analytics companies).
Transparency
According to the new guidance, entities collecting
Multi-Site Data (i.e., data collected from a particular
computer or device regarding web viewing over time
and across non-Affiliate websites) and Cross-App Data
(i.e., data collected from a particular device regarding
application use over time and across non-Affiliate
application) from a particular browser or device for
use on a different computer or device should include
in the notice on their own websites “the fact that data
collected from a particular browser or device may be
used with another computer or device that is linked
to the browser or device on which such data was
collected, or transferred to a non-Affiliate for such
purposes.” For Third Parties engaging in this practice,
this notice should be provided on their own websites or
should be accessible from or through the mobile apps
from which they collect Cross-App Data.
In addition, when data is collected or used on a
website or through a mobile app, the First Party should
provide a clear, meaningful and prominent link to a
disclosure that either links to the industry-developed
website or choice mechanism that provides consumer
choice or that individually lists the Third Parties that are
engaged in the collection of Multi-Site Data or CrossApp Data through its website or mobile app. (A website
does not need to include a link in instances where the
Third Party provides Transparency as required by the
DAA OBA Principle II.A.2(a). This section provides that
Third Parties should provide notice of the collection of
data through a clear, meaningful and prominent link to
a disclosure in or around the advertisement delivered
on the web page where data is collected.)
Consumer Control
The new DAA guidance clarifies that consumers must
have the ability to exercise choice (i.e., an opt-out
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2) mechanism) with respect to any of the following data
collection and use practices:
n  he
T
collection of Multi-Site Data on the browser, or
Cross-App Data on the device, on which choice is
being exercised, for use on another computer or
device that is linked with the browser or device on
which the choice is being exercised.
n  he
T
use of Multi-Site Data or Cross-App Data on
the browser or device on which choice is being
exercised, when that data was collected on another
computer or device that is linked with the browser or
device on which choice is being exercised.
n  he
T
transfer to a non-Affiliate of Multi-Site Data and/
or Cross-App Data collected from the browser or
device on which choice is being exercised.
For questions about the DAA self-regulatory program,
please contact Brian Nixon or any member of the
Advanced Media and Technology Department.
This alert is a publication of Loeb & Loeb and is intended to provide
information on recent legal developments. This alert does not create or
continue an attorney client relationship nor should it be construed as
legal advice or an opinion on specific situations.
© 2015 Loeb & Loeb LLP. All rights reserved.
Advanced Media and Technology Practice
KENNETH A. ADLER
kadler@loeb.com
212.407.4284
DAVID G. MALLEN
dmallen@loeb.com
212.407.4286
ELIZABETH J. ALLEN
eallen@loeb.com
312.464.3102
DOUGLAS N. MASTERS
dmasters@loeb.com
312.464.3144
AMIR AZARAN
aazaran@loeb.com
312.464.3330
NERISSA COYLE MCGINN
nmcginn@loeb.com
312.464.3130
IVY KAGAN BIERMAN
ibierman@loeb.com
310.282.2327
ANNE KENNEDY MCGUIRE
amcguire@loeb.com
212.407.4143
ccarbone@loeb.com
212.407.4852
DANIEL G. MURPHY
dmurphy@loeb.com
310.282.2215
mchamlin@loeb.com
212.407.4855
BRIAN NIXON
bnixon@loeb.com
202.618.5013
mcharendoff@loeb.com
212.407.4069
ELISABETH O'NEILL
loneill@loeb.com
312.464.3149
aclarke@loeb.com
310.282.22240
spaik@loeb.com
312.464.3119
pdownes@loeb.com
310.282.2352
KELI M. ROGERS-LOPEZ
krogers-lopez@loeb.com
310.282.2306
cemanuel@loeb.com
310.282.2262
SETH A. ROSE
srose@loeb.com
312.464.3177
kflorin@loeb.com
212.407.4966
JULIE E. RUBASH
jrubash@loeb.com
310.282.2252
dfrohling@loeb.com
312.464.3122
ROBERT MICHAEL SANCHEZ
rsanchez@loeb.com
212.407.4173
DAVID W. GRACE
dgrace@loeb.com
310.282.2108
ALISON SCHWARTZ
aschwartz@loeb.com
312.464.3169
NATHAN J. HOLE
nhole@loeb.com
312.464.3110
MEREDITH SILLER
msiller@loeb.com
310.282.2294
mhoward@loeb.com
310.282.2143
BARRY I. SLOTNICK
bslotnick@loeb.com
212.407.4162
tjirgal@loeb.com
312.464.3150
BRIAN R. SOCOLOW
bsocolow@loeb.com
212.407.4872
ijolly@loeb.com
212.407.4810
AKIBA STERN
astern@loeb.com
212.407.4235
ckaplan@loeb.com
212.407.4142
JAMES D. TAYLOR
jtaylor@loeb.com
212.407.4895
ELIZABETH H. KIM
ekim@loeb.com
212.407.4928
JILL WESTMORELAND
jwestmoreland@loeb.com
212.407.4019
JANICE D. KUBOW
jkubow@loeb.com
212.407.4191
DEBRA A. WHITE
dwhite@loeb.com
212.407.4216
jblee@loeb.com
212.407.4073
MICHAEL P. ZWEIG
mzweig@loeb.com
212.407.4960
sliebman@loeb.com
212.407.4838
CHRISTIAN D. CARBONE
MARC CHAMLIN
MEG CHARENDOFF
ALESON CLARKE
PATRICK N. DOWNES
CRAIG A. EMANUEL
KENNETH R. FLORIN
DANIEL D. FROHLING
MELANIE J. HOWARD
THOMAS P. JIRGAL
IEUAN JOLLY
CAROL M. KAPLAN
JESSICA B. LEE
SCOTT S. LIEBMAN
SUE K. PAIK
