keeping digital advertising within the law efcce conference 16-17 may, paris lhc building blocks -...
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Keeping digital advertising Keeping digital advertising within the lawwithin the law
EFCCE Conference16-17 May, Paris
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From www to web 3.0From www to web 3.0
• 30 April 1993: CERN put the www in public domain
• Today: web 2.0
• Tomorrow: semantic web 3.0
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Web 2.0Web 2.0
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Web 2.0Web 2.0
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Web 3.0Web 3.0
• Semantic web: pushing the boundaries of search and intelligent text filtering
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60.8% 14% 3.5%
Of all global searches in 2007
Advertising funds servicesAdvertising funds services
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Search marketing incomeSearch marketing income
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Online display adsOnline display ads
• Display– Rich media (animated ads such
as pop ups or floating, video)– Sponsorship– Banners, skyscrapers…
• Targeted advertising:• Less in quantity• Better adapted to consumer taste
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Online display adsOnline display ads
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Are there global rules?Are there global rules?
• 1999 OECD guidelines for consumer protection in electronic commerce:
– No deceptive, misleading or unfair practices
– Advertising & marketing should be clearly identifiable as such
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Vulnerabili
Vulnerabili
tyty
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...take special care in advertising or marketing targeted at children the elderly or seriously ill…
Misleadingness & EU lawMisleadingness & EU law
• 2005 Unfair Commercial Practices directive bans:
– any form of commercial communication which cannot be clearly recognised as advertising (considered a misleading & unfair practice)
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Misleadingness & EU lawMisleadingness & EU law
– Examples:• Content integration: commercial or paid-for branded content
included within editorial content without explaining that commercial or branded content is advertorial,
• Placing branded video or other content on popular networking websites without disclosing that the person posting the content acts as a brand ambassador
• Seeding positive messages about a brand in blogs, in a manner implying you are a simple member of the public…
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Targeted online adsTargeted online ads
• How does it function?• The cookie connection:
– Cookies are strings of html text– Placed on our computer via a
specific website– Can register the sites we visit
showing banners relating to specific campaign, for example
• Raise issues of privacy
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Global privacy rulesGlobal privacy rules
• 1948 UN Universal Declaration of Human Rights, Article XII:– No one shall be subjected to arbitrary
interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
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Global privacy rulesGlobal privacy rules
• 1980 OECD guidelines for the protection of privacy – Definition: personal data is any information
relating to an identified or identifiable individual– Companies should:
• Limit the data collected to what is relevant for the intended use
• Establish privacy policies• Ensure safety of collected data
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Global privacy rulesGlobal privacy rules
• Person whose data is being collected should be given:
–Identity of company collecting data,–Purpose of data collection,–Right to access collected data,–Right to modify or have his data
deleted.
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Privacy & EU lawPrivacy & EU law
• Collection & use of personal data– Strictly regulated by 1995 Data Protection directive & 2002
directive on Privacy in E-communications• Person whose data is being collected must receive following
information:– Identity of company collecting data,– Purpose of data collection,– Who will be given access to data,– Right to access collected data,– Right to refuse data collection.
• EU law applies to all non-EU companies placing cookies or spyware on computers in EU
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Privacy issuesPrivacy issues
• Consumers lack understanding of their data being collected
• Privacy policies often unclear• Right to access or refuse data
collection: not visible• Vulnerability of children
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Children’s privacy protectionChildren’s privacy protection
• No specific law in the EU• In the US, since 2002: the Children’s
Online Privacy Protection Act (COPPA)– Allows collection of personal data from
children under 13, only with express agreement of their parents
– But, application is voluntary and interpretation is approximative
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• For social networking sites
• Example UK: – Ofcom research: Despite the fact that the
minimum age for most major social networking sites is usually 13 (14 on MySpace), 27% of 8-11 year olds who are aware of social networking sites say they have a profile on a site
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Children’s privacy protectionChildren’s privacy protection
Privacy issuesPrivacy issues
• UK Home Office guidelines: – recommend measures to block child sex
offenders from having access to social networking sites
– providers of social networking services should ensure that advertising on their sites is appropriate for the likely audience and legal
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Children’s privacy protectionChildren’s privacy protection
• Social networking sites (MySpace, Youtube)– Are adopting voluntary measures to
block access to known paedophiles – Not allow younger members to make
their profiles public– Mediate content & access
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What if? What if?
• Current discussions on “inappropriate” advertising on social networking sites could spill over to other community sites (Youtube)
• Ask for application of rules applied to all other media– Ex: UK content rules for food marketing to
children (no use of cartoon characters) could be applied to the Youtube Skittles ad – which would then be illegal
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The future in questionsThe future in questions
• It will largely depend on industry’s responsible behaviour how legislators will be dealing with online advertising
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