DAA Has App-Based Choice Mechanism, Mobile Enforcement to Begin September 1, 2015

The Council of Better Business Bureaus and the Direct Marketing Association have announced that on September 1, 2015, they will begin enforcing the Digital Advertising Alliance’s “Application of Self-Regulatory Principles to the Mobile Environment.” As we previously reported, if you are a first party who has an app that is engaged in cross-app data collection, you must generally provide enhanced notice and an opt-out mechanism.

There had been some confusion about how to provide that opt-out mechanism, especially given the number of different entities that might be involved in the collection process. The DAA has launched an AppChoices App, a tool that lets consumers opt out of cross-app collection. Companies that have apps with cross-app tracking and that already discuss in their disclosures to consumers (i.e., in their “About Our Ads” or “About Our Tracking” document or section of their privacy policy) the DAA program and how to opt-out in an online setting might thus augment that existing language with something like the following:

The Digital Advertising Alliance also offers a tool for opting out of the collection of cross-app data on a mobile device for interest-based advertising. To exercise choice for companies participating in this tool, download the AppChoices app here [link to www.aboutads.info/appchoices]. 

In addition, contracts with third parties who provide app services – especially third parties that engage in the collection of cross-app data – should require that the third parties participate in the app and respect choices consumers make in the DAA’s AppChoices App. 

TIP: In light of the September 1 enforcement date, companies with apps that engage in cross-app tracking should ensure that they provide consumers with information about how to opt-out of app-based cross-site tracking. For companies with existing web-based OBA disclosures (an “About Ads” or “About Our Online Tracking” document or section in their privacy policy), this could be as simple as adding a sentence about how to opt-out in the mobile environment (by directing consumers to the DAA’s AppChoices App). Unsure if your app has cross-app tracking? Now is a good time to do some diligence with your development team.