Hosting Interest Based Ads
Like many small businesses, you may be looking to online advertising to generate revenue. Be aware that if your website allows ad networks to serve interest-based ads, sometimes called targeted ads or online behavioral ads, or to collect data for use in this type of advertising, it is subject to the Self Regulatory Principles for Online Behavioral Advertising. These Principles are enforced by the Online Interest Based Advertising Accountability Program, operated by the Council of Better Business Bureaus (CBBB) as an independent agent for the Digital Advertising Alliance (DAA).
For more information on how to comply with the Principles, visit the website of the Digital Advertising Alliance.
If your website collects personal data from overseas consumers or business partners, be aware that multiple privacy laws may apply to the processing of that data. Pay particular attention to the data requirements of the European Union (EU) and Switzerland, which prohibit the transfer of their citizens’ personal data to countries, including the United States, that do not meet EU and Swiss “adequacy” standards for privacy protection.
To assist US businesses in bridging this privacy divide, the US Department of Commerce, the European Commission and the Swiss Data Privacy Commissioner created the US-EU and US-Swiss Safe Harbor Frameworks. The Safe Harbor program enables U.S. businesses to receive EU and Swiss consumer data after self-certifying to the Commerce Department their compliance with seven Safe Harbor Privacy Principles. Most US businesses regulated by the Federal Trade Commission are eligible for this program. To get the benefits of Safe Harbor membership, you must:
Moving to Mobile
Perhaps you’re considering deploying a mobile app to enable customers to use your services on the go. For many apps, full functionality may rely on collecting geo-location, contact lists and other personal data from the user’s mobile device. Before launching an app, you should be asking several questions:
California has published a privacy toolkit to enable app developers, mobile platform providers and networks to work together to promote consumer privacy. If you are doing business with California consumers, be aware that California law specifically requires privacy policies for mobile apps.
Before implementing your app, make sure that you:
A Final Word: Stay Current and Stay Vigilant
If there’s one thing we know for certain about your privacy obligations today, it’s that they won’t be the same tomorrow. As technology evolves and lawmakers struggle to keep pace with new cyber threats, businesses must be mindful of the changing privacy landscape. Don’t let this information be the final word on privacy for your business – make a commitment to stay tuned in to the latest legal requirements and privacy best practices that affect your industry.