Earlier this week, the industry self-regulatory program set up by online advertisers to deal with reported privacy problems released decisions in its first six compliance cases.  The Online Internet-Based Advertising Accountability Program, which was established in August, determines whether reported businesses are complying with the self-regulatory principles for online behavioral advertising.  The Better Business Bureau oversees the program.

The Accountability Program initiated formal enforcement efforts against six companies in connection with the companies’ opt-out mechanisms.  Four of the companies offered consumers the ability to opt out of the collection and use of data for online behavioral advertising through opt-out cookies that were set to expire more quickly than the five-year time frame that is called for by the industry standard.  In the other two cases, the opt-out mechanisms offered by the companies were inaccessible to consumers due to missing buttons or links.  Each company voluntarily modified its practices to comply with the self-regulatory principles. 

These self-regulatory efforts come at a time when both Congress and the FTC are considering whether self-regulation is adequate to deal with consumer privacy challenges.   Representatives from the Accountability Program have said that companies that do not respond and comply with its enforcement efforts may be referred to the FTC. 

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Photo of Libbie Canter Libbie Canter

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports…

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state privacy laws, including the California Consumer Privacy Act and California Privacy Rights Act.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations.

As part of her practice, she also regularly represents clients in strategic transactions involving personal data and cybersecurity risk. She advises companies from all sectors on compliance with laws governing the handling of health-related data. Libbie is recognized as an Up and Coming lawyer in Chambers USA, Privacy & Data Security: Healthcare. Chambers USA notes, Libbie is “incredibly sharp and really thorough. She can do the nitty-gritty, in-the-weeds legal work incredibly well but she also can think of a bigger-picture business context and help to think through practical solutions.”