At the Intersection of Technology, Law, and Business
October 24, 2016 - Regulatory

Enforcement of DAA Principles Will Track New Technologies

Enforcement of DAA Principles Will Track New Technologies

The Digital Advertising Alliance (DAA) is continuing to adapt and plans to enforce its self-regulatory principles for interest-based advertising technologies.  Enforcement of its cross-device tracking principles will begin February 1, 2017.

Cross-device tracking entails ascertaining via deterministic identifiers or inference when multiple devices are connected to the same person.

DAA cross-device principles apply its inters-based advertising (IBA) self-regulatory notice-and-choice regime to cross-device tracking if browsing activity in one device may be used to deliver advertising on another device.  DAA requires a device-specific opt-out from (1) collecting data on one device to deliver IBA on another device, and (2) delivering IBA on a device based on information contained on a linked device.

DAA announcement heralds the enforcement of compliance with this cross-device guidance “for all companies engaged in data collection and use covered by the DAA Principles.”

The program has recently interpreted the DAA principles broadly in the mobile context, such as by requiring “enhanced notice” of IBA practices within mobile applications.  We expect that the DAA will take a similarly broad approach with respect to cross-device tracking.  Companies engaged in the collection and linking of information across multiple devices, therefore, should review their practices.