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EU Self-Regulation Arrives On Cue As UK Government Throws Weight Behind Industry Self-Regulation

It's all coming to a head as we inch towards "cookie directive" day. Self-regulation is now seen as key to preserving a sane approach to third party cookie tracking, as individual countries look to pass the directive into law. Today IAB Europe published a framework that most in the European advertising industry have committed to. A common icon will be deployed on all behavioural targeted ads served by participating parties. The icon will lead back to a central site that will allow users to opt-out of behavioural targeting.

Whether anyone will use it is a moot point point at this stage. Those actually taking the time to op-out using the do-not-track icon in the US is tiny. Does anyone really care? Have privacy advocates got themselves into a lather over anonymous tracking? Should they be re-thinking their position especially when you consider the sheer scale of data that Facebook is collecting - and using - to target its own display ads. I've read several pieces form industry people (WSJ, I'm calling you out AGAIN!) in the last couple of months that have referred to behavioural tracking as "stalking" and "creepy". Some - including myself - would call these views ridiculously uninformed and dangerous. If these same people only knew the REAL beneficiaries of a European-wide opt-in, they'd be less inclined to throw around such emotive terms.

The IAB has done a fine job of meeting these concerns head on. And it seems their hard work is paying off. The UK government has since threw its considerable weight behind the industry's push for self-regulation - with UK Communications Minister, Ed Vaizey coming out in full support of the industry's efforts. It's a matter time to see how effective these efforts will be in other countries - but it looks like digital media in Europe will not fall to pieces. The paywall hell might be averted. And crazy usability issues that would've plagued publishers might well just become a throw away line at media network events. I do still have some questions about the new framework. First, who is going to pick up the bill for the icon deployment? The advertiser? The agency? The ad network? And more importantly, what happens if someone contravenes any of the principles listed below? A fine? A slap on the wrist? Rationing of cookies to target against?

For any of you who haven't read the release here are the principles in full:

1. Notice – transparency about data collection and use practices associated with behavioural advertising, providing consumers with clear, prominent and contextual notice through multiple mechanisms, including the icon.
2. User choice – greater consumer control over behavioural advertising.
3. Data security – appropriate data security and retention of data collected and used for behavioural advertising purposes.
4. Sensitive segmentation – limitations on the creation of ‘interest segments’ to specifically target children and on the collection of sensitive personal data collected and used for behavioural advertising.
5. Education – for consumers and businesses about behavioural advertising and the self-regulatory Framework.
6. Compliance and enforcement – mechanisms to ensure the effectiveness of the Framework, including a trading seal to be granted to compliant businesses once independently audited and which demonstrates to other businesses that the holder adheres to the obligations under the Framework.
7. Review – regular review of the Framework to ensure it evolves with developing technology and business practices.