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advertising would sign up to and implement. Signatory companies included
major advertising networks (eg Google, Yahoo!, Microsoft and AOL
Advertising), technology companies (eg Audience Science) and also new
business models such as providers of targeting using ISPs (eg Phorm).
The Principles complement and, in some cases, supplement the UK legal
framework. They address a broader scope than required under existing
law, by covering the use of all information used for behavioural advertising
– both anonymous information and personal data (in the UK this is primarily
addressed by the Data Protection Act 1998 and the Privacy and Electronic
Communications Regulations 2003). They are a UK and European ‘first’,
establishing new standards and setting the benchmark for other countries
to follow.
There are three core Principles that companies have committed to:
1. Notice:
A company collecting and using online information for behavioural
advertising must give clear and unambiguous notice to users that
information is being collected for this purpose. This notice will need
to include details on what type of information is collected and how the
information is used.
In practice, this means that a web publisher will need to provide this
notice prominently on its site(s). The Principles offer the option of doing
this in a privacy policy or signposted to the privacy policy from a link
alongside the advertisement. For web publishers using a third party (eg
an advertising network) to collect and use information for behavioural
advertising, the third party will, via its contract, require the web publisher
to provide this notice. The Principles provide some sample language for
illustrative purposes. The provider of behavioural advertising itself will
also need to meet this commitment.
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