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  1. Internet marketing
    1. Internet marketing guides
      1. OBA guide
        1. Introduction
        2. Jargon buster
        3. What is online behavioural advertising?
        4. Consumers' attitudes and behaviour
        5. The benefits of online behavioural advertising
        6. Case studies
        7. Privacy online
        8. Addressing online privacy concerns
        9. Around the world
        10. Conclusion
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The Ozometer by Play

Play was assigned by FOSTER’S to help celebrate the brand’s infectiously Australian, ‘No Worries’ attitude. More on Play's award winning campaign.

Behavioural advertising laws explained


Online Behavioural Advertising Handbook

Download the handbook in its entirety for more research, insights and case studies into the world of online behavioural advertising.

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Mark Rabe, MD and VP sales, Yahoo!


As the newest medium for expression and human interaction, the internet adds a new layer to some of the policy questions companies have long faced, age-old matters like privacy, personal rights, speech, freedom, safety, and access for people of different abilities. These are not simply abstract issues, and have a real impact on real people.

This is why signatories to the IAB’s Good Practice Principles are taking online privacy very seriously, ensuring consumers have the power to choose how their personal data is used.

It’s no secret that online interest-based advertising is a good thing for advertisers who want to target certain groups of consumers and of course a good thing for publishers and networks whose business models are based on advertising revenues.

But what about consumers? What do they want? Well, consumers actually prefer relevant advertising. We know this because they “vote” with their clicks and interest-based ads perform better overall, and the research results earlier in this guide also serve to illustrate their desire for more targeted advertising.

To be clear, data is used for a number of reasons: To improve products and services, protect consumers and advertisers from fraud, preserve security, meet legal and reporting obligations and offer customized and relevant content and advertising.

For online interest-based advertising to be truly effective, consumers need to understand it and feel comfortable with how it works. Building user trust has and will continue to help create the right environment for the future growth of online advertising – and in particular, it should be front and centre of any online media owner’s business model where interest-based targeting is concerned.

Putting our users’ trust at the heart of everything you do should be the only approach in this digital era. For over a decade, Yahoo! has led the way in establishing a relationship of trust with our users and sponsoring responsible self-regulation including industry collaborations like the IAB’s Good Practice Principles for Online Behavioural Advertising.

Initiatives like these are an important starting point for safeguarding and educating consumers about their choices. The issue of online privacy needs to achieve C-level, top management buy-in in every relevant business – where businesses own, live and breathe their own policies. In other words, privacy becomes business as usual. Consumers need to know that we are taking their needs seriously and treating their data with the respect that it deserves.

What laws apply to behavioural advertising?


The Data Protection Act 1998

• The Data Protection Act 1998 originates from the EU Data Protection Directive 95/46/ EC. It is the overarching legal framework to protect the use of ‘personal data’, both online and offline.

• ‘Personal data’ is defined as “whether information relates to an identified or identifiable individual”.

• The Act has eight specific principles ensuring that ‘personal data’ is – among others - secure, adequate, relevant & not excessive; not kept longer than is necessary; and is not processed without user consent or some other lawful basis for proceeding.

• The Act also specifies that explicit user consent is required for the processing of sensitive personal data. This includes racial/ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental condition and sexual orientation.

• For further information go to: www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_1

The Privacy & Electronic Communications Regulations 2003 (PECR)


• The Privacy & Electronic Communications Regulations 2003 originate from the EU ePrivacy Directive 2002/58/EC.

• The regulations specifically set out how ‘personal data’ can be used for online marketing purposes.

• Cookies/’static’ IP addresses that use ‘personal data’ fall under the Data Protection Act.

• However, cookies are also covered by PECR and this means that there is a need for privacy notices providing clear and comprehensive information – including for third party advertising - and for the “opportunity to refuse” storage.

• For further information go to: www.opsi.gov.uk/si/si2003/20032426.htm

The IAB’s Good Practice Principles complement and, in some places, supplement these laws.

Further a more detailed explanation of these laws please visit the website of the UK data protection regulator, the Information Commissioner’s Office, at www.ico.gov.uk.


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