As mentioned, at BAA I gave a presentation on how disruption is permeating advertising, media, and marketing today. Today I will share with you the second installment of this three-part series…

One of the biggest issues facing advertisers, marketers and agencies today is the concept of “Trust.”  Not “Trust” in the context that advertising lawyers

UntitledAs I mentioned a few weeks ago, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here. This

For the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, 360i, and R/GA.

For my final post, I turn to StrawberryFrog – a New York City Advertising Agency – to get their thoughts. Drum roll, please…

In my final post regarding the “State

The FCC has changed its rules to require “prior express written consent” in order to auto-send commercial calls or texts. Failure to comply can open violators up to private lawsuits, and to damages awards of up to $1,500 per violation.  So what should be done to avoid pricey violations?

First, there needs to be written 

Consumer protection in our digital age is becoming an ever more complex challenge, with technology constantly evolving and always “newer” new media emerging at lightning speeds. In recent years, online behavioral advertising has taken center stage as one of today’s most hotly-debated marketing practices. There seems to be a consensus amongst regulators that the industry, through self-regulation, should take on the challenge of establishing a transparent opt-out program for addressing privacy concerns and allowing consumers to choose not to have their data collected for future targeted ads.  However, the water gets more murky when it comes to online and mobile advertising to children.  Advertising to children is laden with issues and I’ve talked here on Madison Ave Insights about how the FTC and other regulators have taken a particular interest in children’s privacy and data security.

This year’s Children’s Advertising Review Unit (CARU) Annual Conference will discuss a number of critical issues in children’s advertising, including apps, social media, and location and other data security.  With more children online (even at school) in today’s age, how do we as advertisers ensure we are keeping kids safe?

The Way I See It

  • I see more challenges arising with new digital, mobile, and social media to address privacy and data security concerns through self-regulation, especially when it comes to children.  With new technologies emerging, the advertising industry is forced to adopt new standards to meet the issues for regulators and consumers.
  • A lot of progress has been made in recent years to address privacy and data security challenges raised by new technology and social media, including the CBBB’s self-regulatory guidelines that implemented the Ad Choices program to allow consumers to opt out of targeted online advertising.
  • I see an increasing commitment from the advertising industry to self-regulate when it comes to children’s issues, as well as new online and mobile platforms, which is a strong signal that the industry will meet calls from regulators to enforce privacy and data issues.

The Way The Industry Sees It

I sat down with Genie Barton, Vice President and Director, Online Interest-Based Advertising Accountability Program and Mobile Marketing Initiatives at the Council of Better Business Bureaus (CBBB), to discuss the effectiveness and challenges of online behavioral advertising (OBA), especially for children.

Online behavioral advertising (OBA) has been under the microscope in recent years with regulators and consumers.  How have you worked to address these issues and what do you expect to improve with OBA moving forward?

Regulators and privacy advocacy groups have varying degrees of concern about the collection and use of data to provide consumers with advertising that is based on their previous browsing activities across websites and time.  In addition, some consumers also have concerns, but there is a high degree of debate regarding consumer preferences. Some studies show significant concern, while others show that in real life scenarios, consumers prefer ads that are relevant over ads that are random.  But what I think we can all agree on is that the two largest areas of concern for regulators, privacy advocates and consumers stem from the largely “invisible” nature of online interest-based advertising.  The industry responded to those concerns, as expressed by the Federal Trade Commission in a staff report providing guidance on how to implement self-regulatory principles governing OBA, by creating consensus principles that provide the transparency and control that were missing.  I like to say that the DAA Principles took the mystery and potential “creepiness” out of interest-based advertising by providing real-time notice and a direct link to an easy-to-use opt-out. These innovations—the sideways blue triangle known as the AdChoices Option Icon, which appears in all interest-based ads, and takes the consumer to an explanation of OBA and a link to a choice mechanism—shine a light for consumers on interest-based ads.

How do you navigate the complexity of and constant changes in online and mobile advertising?  Any tips for advertisers?

I navigate this ecosystem with a lot of help from my friends and fabulous staff, and by constant reading and discussions with people in the industry. Just when I think I have a handle on something, there is another innovation. But that is what makes the job fun and keeps it fresh.  I would advise advertisers to make privacy a positive differentiator for their brand. To do this successfully, the advertiser has to be extremely careful with what companies it engages to guide it on developing an ad campaign. Be sure to deal with an agency and all others in the ecosystem that follow (and ensure that you will be following) the highest industry standards. While an OBA campaign can be the most effective way of reaching the right customer, doing it without the transparency and control provided by the DAA program can actually damage the brand and its relationship with its customers. A recent study showed that consumers prefer to do business with companies that engage with their customers on privacy issues. The study also showed that consumers click on ads with the icon more readily than on ads without it.  So providing consumers with transparency and choice is a positive for the bottom line.

Continue Reading CARU Annual Conference: Online Behavioral Advertising & Industry Self-Regulation for Marketing to Children