NAI Releases 2015 Update to its Self-Regulatory Code of Conduct | Practical Law

NAI Releases 2015 Update to its Self-Regulatory Code of Conduct | Practical Law

The Network Advertising Initiative (NAI) has released an update to its Self-Regulatory Code of Conduct for internet-based advertising (Code of Conduct). This update clarifies certain requirements and portions of the 2013 version of the Code of Conduct.

NAI Releases 2015 Update to its Self-Regulatory Code of Conduct

Practical Law Legal Update 6-613-3345 (Approx. 4 pages)

NAI Releases 2015 Update to its Self-Regulatory Code of Conduct

by Practical Law Commercial
Published on 15 May 2015USA (National/Federal)
The Network Advertising Initiative (NAI) has released an update to its Self-Regulatory Code of Conduct for internet-based advertising (Code of Conduct). This update clarifies certain requirements and portions of the 2013 version of the Code of Conduct.
On May 14, 2015, the Network Advertising Initiative (NAI) released an update to its 2013 version of the Self-Regulatory Code of Conduct, entitled 2015 Update to the NAI Code of Conduct (Code of Conduct). The 2013 version of the Code of Conduct significantly revised and updated the NAI's self-regulatory framework and imposed notice, choice, accountability, data security and use limitation requirements on NAI member companies.
For more information on the 2013 version of the Code of Conduct, see Legal Update, NAI Releases Its 2013 Code of Conduct for Online Behavioral Advertising.
The Code of Conduct applies only to NAI member companies and governs their activities related to:
  • Interest-Based Advertising. This includes the collection of data across internet domains that different entities own or operate for the purpose of delivering advertising based on preferences or interests known or inferred from the data collected.
  • Ad Delivery and Reporting. This means the logging of page views or the collection of other data about a computer or device for the purpose of delivering ads or providing advertising related services.
The 2015 update does not add new substantive requirements. It simply clarifies certain questions about and requirements under the 2013 version of the Code of Conduct. For example, the 2015 update:
  • Clarifies that the practice of retargeting creates the same obligations and requirements as interest-based advertising.
  • Explains that a member's interest-based advertising activities that are based on sensitive health conditions or treatments require "Opt-In Consent."
For more information on online advertising regulations and the NAI, see Practice Notes, Online Advertising and Marketing and Direct Marketing.