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With more consumers seeking debt relief and digital financial tools than ever before, claims about savings and financial outcomes are drawing increased attention from regulators, competitors, and self-regulatory bodies alike.
In this episode of Ad Watchers, attorneys from the National Advertising Division (NAD) break down recent cases involving debt relief providers and personal finance apps, exploring what advertisers need to know about substantiating savings claims, survey-based advertising, typical consumer results, and clear disclosures.
Tune in to learn how advertisers can better align their claims, evidence, and disclosures in the financial services marketplace.
Related Resources:
- National Advertising Division Finds Certain Chase Sapphire Claims are Puffery; Recommends JPMorgan Chase Modify or Discontinue Others
- NAD Recommends J.G. Wentworth Company Modify its ‘Cash Now’ Claims to Clearly and Conspicuously Disclose Material Information about Timing of Payment
- National Advertising Division Recommends Cash App Financial Services Platform Discontinue or Modify Megan Thee Stallion Video About Investing
- National Advertising Division Recommends Guideline Modify or Discontinue “#1” and “Most Popular” 401(k) Claims
- National Advertising Division Recommends Guideline Clarify Annual Recurring Revenue Claim
- National Advertising Division Finds Certain Guideline 401(k) Claims Supported; Recommends Others Be Modified or Discontinued
- National Advertising Division Finds Certain Vestwell “Annual Recurring Revenue” Disclosures Sufficient; Recommends Modification to Disclose Methodology
- National Advertising Division Recommends National Debt Relief Modify Certain Debt Settlement Services Claims
- National Advertising Division Recommends Monarch Money Discontinue Certain Money Management Influencer Claims
Enjoyed this episode? Get caught up on past seasons of Ad Watchers and subscribe to never miss an episode.
Chapters:00:51 – Rising prices and financial pressure
Introduces consumer anxiety surrounding higher everyday costs, debt, bill payments, and saving for the future.
01:40 – Financial product advertising and self-regulatory cases
Sets up the episode’s focus on financial products, NAD monitoring cases, competitor challenges, and recurring advertising disputes.
10:06 – Debt settlement advertising and vulnerable consumers
Explains why debt relief advertising receives heightened scrutiny and introduces concerns about program qualifications and material limitations.
10:37 – How debt settlement programs work
Reviews unsecured debt, third-party accounts, creditor negotiations, client approvals, fees, and the time required to complete a program.
11:47 – National Debt Relief claims, timelines, and disclosures
Examines claims about financial stability, 24-to-48-month results, savings percentages, unsecured debt limitations, and clear disclosures.
13:12 – Accredited Debt Relief and typical consumer experience
Covers claims about cutting payments in half, reducing total debt by 50%, and becoming debt-free in as little as 12 months.
15:25 – Debt settlement advertising takeaways
Explains how advertisers can present debt and payment reductions without overpromising and where material limitations should appear.
15:46 – Monarch Money and financial app claims
Introduces the budgeting app and its claims about savings, financial clarity, partner conversations, and control over finances.
17:12 – Survey design and the $200 monthly savings claim
Looks at sample design, the missing “don’t know” option, ambiguous survey language, and the need for claim-specific evidence.
18:14 – Couples, control, and unsupported survey claims
Explains why single-user data could not support a couples claim and why the survey did not adequately support the financial-control claim.
19:01 – Chase Sapphire and “most rewarding” credit card claims
Examines when “most rewarding” is puffery, when it communicates a measurable superiority claim, and how Chase calculated the value of its card benefits.
22:55 – Final takeaways on reliable data and clear disclosures
Ends with guidance to match claims to reliable evidence, understand the target audience, and disclose material limitations clearly and conspicuously.
The post How Are Rising Financial Pressures Impacting Advertising Claims? appeared first on BBB National Programs.
Influencer marketing is now a major part of the advertising landscape, but questions around disclosures, sponsored content, material connections, and misleading claims continue to create challenges for brands, agencies, creators, and consumers.
In this episode of Ad Watchers, our hosts speak with Jennifer Santos about the Institute for Responsible Influence, an initiative designed to help creators and brands better understand responsible advertising practices. The conversation covers IRI’s certification program, FTC endorsement requirements, disclosure best practices, creator education, monitoring, accountability, and the growing global conversation around influencer self-regulation.
The episode highlights a key takeaway for advertisers and creators: responsible influence is not just about compliance. It is also about transparency, credibility, and building consumer trust in influencer marketing.
Related Resources:
- Institute for Responsible Influence / Responsible Influence Certification Program
- Influencer Marketing Consumer Insights: What can lead to distrust?
- National Advertising Division
- FTC Endorsement Guides
- Influencer Trust Index
Enjoyed this episode? Get caught up on past seasons of Ad Watchers and subscribe to never miss an episode.
Chapters:00:00 – Welcome and episode introduction Introduces Ad Watchers and frames the episode around influencer advertising, material connection disclosures, and NAD’s ongoing interest in influencer marketing.
01:57 – Introducing the Institute for Responsible Influence Explains the Center for Industry Self-Regulation’s Institute for Responsible Influence and its goal of promoting transparency and consumer confidence in advertising.
03:08 – Why IRI was created Covers how IRI grew out of concerns around misinformation, undisclosed sponsorships, misleading claims, and lack of awareness around advertising standards and FTC guidance.
04:14 – Responsible Influence Certification Program Introduces the 90-minute certification program designed to educate creators on responsible advertising practices.
06:08 – How creators, brands, agencies, and consumers benefit Explains how the program helps creators understand rules, helps brands identify responsible partners, and gives consumers more transparent and truthful content.
08:01 – Certification process and requirements Breaks down the training modules, assessment, annual renewal, best practices pledge, and certification seal.
10:00 – Early response and global momentum Discusses positive response from the creator ecosystem and how responsible influence certification is becoming part of a broader global conversation.
12:16 – Beauty, health, and wellness influencer marketing Looks at industries that have been especially receptive to IRI, including beauty and health and wellness, where trust and influencer engagement are especially important.
14:58 – Monitoring and accountability for certified creators Explains how IRI monitors certified creators’ public content and provides guidance when potential issues arise.
18:24 – Common education gaps for influencers and brands Covers major areas where more education is needed, including material connections, disclosure requirements, intellectual property, and shared responsibility between brands and creators.
22:39 – Ongoing obligations for certified creators Explains that certification is not a one-time exercise; creators must continue applying responsible influence principles in future content and brand partnerships.
23:50 – Building consumer awareness of the certification seal Discusses the long-term goal of helping consumers recognize the certification seal as a signal of responsible advertising practices.
26:48 – The future of influencer self-regulation Looks ahead to the creator council, certified creator database, vertical-specific trainings, and broader collaboration across the creator economy.
31:14 – Final takeaway: consumer trust and responsible influence Recaps the importance of training, clear rules of the road, material connection disclosures, and building consumer trust through responsible influencer marketing.
The post What makes an influencer trustworthy? appeared first on BBB National Programs.
With heightened consumer expectations around safety, transparency, and performance, infant care brands face growing pressure to ensure their advertising claims are properly supported.
In this episode of Ad Watchers, NAD attorneys explore the evolving and innovative landscape of infant care marketing, from infant formula and diapers to AI-powered baby monitors and bassinets. Learn about recent cases and ensuring vulnerable audiences fully understand the benefits and limitations of advertised products in this multidimensional category.
Related Resources:
- NAD Case #7422: Kendal Nutricare Limited
- Appeal: NARB Case #7422-342: Kendal Nutricare Limited
- NAD Case #7347: Kendamil Infant Formula Packaging
- NAD Case #7098: Perrigo Company plc
- NAD Case #7248: Kimberly-Clark Inc.
- NAD Case #7376: Rascals International Limited
- NAD Case #7064: WaterWipes
- NAD Case #7086: WaterWipes
- NAD Case #7544: UdiSense, Inc. (Nanit)
- NAD Case #7485: Dorel Juvenile Group, Inc.
- NAD Case #7486: ADC Solutions USA, LLC d/b/a Horizon Brands, LLC
Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.
Chapters:
00:00 – Welcome and infant care case overview
Introduces the episode’s focus on infant formula, diapers and wipes, monitors, bassinets, and related infant-care product claims.
02:26 – Infant formula claims: natural, clean, and comparative nutrition
Covers Kendall Mill claims around natural ingredients, clean formula messaging, and comparative nutrition support.
05:37 – Cognitive development and European sourcing claims
Looks at MFGM, whole milk, breast-milk comparisons, and European-origin symbolism on packaging.
12:23 – Formula savings and affordability claims
Examines savings claims for hypoallergenic infant formula and where broader equivalence messaging went too far.
15:06 – Diaper fit, absorbency, and biodegradable claims
Reviews best-fitting diaper claims, quantified absorbency claims, and the need to qualify biodegradable messaging under the FTC Green Guides.
20:24 – Baby wipes claims and diaper-rash messaging
Covers number-one wipe claims, clinically proven language, and implied safety or superiority messaging in wipes advertising.
23:25 – Smart baby monitor claims and category expansion
Explores number-one baby monitor and number-one smart baby monitor claims and how NAD viewed the broader monitor category.
26:31 – AI bassinets and AI-powered baby monitors
Breaks down claims about cry translation, emotion detection, and AI-supported device functionality.
30:30 – Safety claims and COPPA issues in connected infant products
Covers strong safety messaging, detection limitations, and COPPA-related review of connected infant products.
32:00 – Final takeaways on vulnerable audiences and substantiation
Ends with the importance of narrowly tailoring claims, especially in infant care and green-claims contexts.
The post How Should Brands Advertise Infant Care Products Without Overpromising? appeared first on BBB National Programs.
Ad Watchers: Are pet product claims more marketing than reality?
Pet product advertising is facing increased scrutiny, and recent National Advertising Division (NAD) cases highlight why precision in claims matters.
In this episode of Ad Watchers, NAD attorneys break down key cases involving “human-grade” pet food, ingredient and comparative claims, savings messages, Made in USA qualifications, and common issues like puffery and odor or stain elimination claims.
The episode underscores a critical point for advertisers: substantiation standards apply just as rigorously to pet products as they do to products for humans.
Related Resources:
- NAD Case #7546: Freshpet, Inc.
- NAD Case #7360: POOPH Pet Odor & Stain Eliminator
- NAD Case #7378: PetIQ NextStar Flea & Tick Topical
Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.
The post Are pet product claims more marketing than reality? appeared first on BBB National Programs.
In this episode, the National Advertising Division (NAD) examines the rapid rise in pharma and health-related cases—now a significant and growing share of its docket. The conversation explores some of today’s most closely scrutinized issues, including GLP-1 and compounded drug claims, and a wide variety of health claims from eczema to plantar fasciitis, as well as strikethrough pricing and endorsement disclosures.
This episode offers a timely look at how self-regulation is shaping industry practices through its wide-ranging guidance amidst increasing legal and regulatory pressure.
Related Resources:
- NAD Case #7455: Galderma Laboratories, L.P.
- NAD Case #7489: Agendia, Inc.
- NAD Case #7534: Midi Health, Inc.
- NAD Case #7518: Fletcher Family Medical
- NAD Case #7430: The Good Feet Store
Enjoyed this episode? Get caught up on past seasons of the Ad Watchers and subscribe to never miss an episode.
The post What Can Brands Say About Health Without Crossing the Line? appeared first on BBB National Programs.
Children’s privacy and teen data protections are rapidly evolving, creating major challenges for businesses operating online. In this episode of Privacy Abbreviated, host Dona Fraser sits down with Sheila Millar, Partner of Keller & Heckman, to unpack what companies must understand about COPPA compliance, age verification laws, state privacy requirements, and emerging AI-driven risks as we head into 2026.
As new state laws expand beyond COPPA and introduce conflicting standards, many businesses struggle to understand what applies to them, how to operationalize compliance, and what to do when their platforms may be accessed by children or teens—intentionally or not. Our experts break down the realities of today’s regulatory landscape, including the rise of data minimization, privacy by design, and growing expectations around vendor oversight and third-party data handling.
Together, Dona and Sheila explore:
- The biggest misconceptions companies have around children’s data
- How AI, personalized content, and social media complicate compliance
- What to do if you’ve accidentally collected minors’ data
- Practical steps companies can take to build trust with families
This episode offers clear, actionable guidance to help businesses navigate regulatory uncertainty, reduce compliance risk, and build safer digital experiences for children and teens.
Related Resources:
Children’s Advertising Review Unit (CARU)
CARU Privacy Guidelines
Revised COPPA Rule (in effect April 2026)
Australia Ban on Social Media
Executive Order on State AI Laws
Show Notes:
00:00 – Welcome and guest introduction
02:04 – Why children’s and teen privacy is so confusing in the U.S.
08:36 – What SMBs misunderstand about collecting children’s or teens’ data
18:13 – AI, social media, and responsibly engaging young audiences
27:17 – Targeting kids and teens: product strategy and regulatory risk
35:10 – When you realize you collected minors’ data by accident
40:26 – Low-cost steps SMBs can take to build trust
44:25 – What’s coming next: state laws, AI, litigation, and liability
49:31 – A single principle for staying ahead
53:50 – Closing insights
The post COPPA, State Privacy, & Teens Online: How Companies Can Prepare for 2026 appeared first on BBB National Programs.
It is common for advertisers to engage in a little healthy competition, directly comparing their products to a competitor’s to inform consumers about the differences between them. But what happens when things get mean? It crosses the line when denigrating claims are false.
The National Advertising Division’s (NAD) mission is to ensure that consumers are getting accurate advertising, to enhance trust in the marketplace. In this final episode of the season, hosts Annie and Eric discuss denigrating claims cases that have come before NAD and how our advertising lawyers break down when a line has been crossed.
Tune in to learn practical lessons for advertisers, lawyers, and marketing teams navigating competitor claims.
Related Resources:
- 2025 NAD Annual Conference – register now!
- Goose Creek Candles “Bath, Body & Home”
- Genexa Kids Pain Medicine
- Molson Coors “Tastes Like Water”
- Welch’s Fruit Snacks
- Vrbo Host-Free Claims
- Tempur-Pedic Flimsy Mattresses
- Dollar Shave Club Parity
- AT&T’s DirectTV
- Blue Buffalo Competing Pet Foods
Chapters
- 00:00 – Intro & NAD Conference Reminder
- 02:00 – Defining Denigrating Advertising
- 03:00 – Goose Creek vs. Bath & Body Works: “Harmful chemicals” claims
- 05:00 – Genexa vs. Johnson & Johnson: Ingredient comparisons gone wrong
- 09:50 – Vrbo vs. Airbnb: “Host-free” campaign and implied disparagement
- 11:00 – Tempur-Pedic vs. Sleep Number: “Air mattress” claims
- 18:00 – Blue Buffalo vs. Mars Petcare: Comparative claims and consumer perception
- 21:30 – Key Takeaways: Humor isn’t a defense, keep it narrow, expect challenges
- 22:10 – Closing & Season Wrap
The post In Your Face – Where do you draw the line with denigration? appeared first on BBB National Programs.
How should platforms navigate the growing patchwork of online safety and moderation laws across the U.S., UK, EU, and beyond? In this episode, Dona Fraser and Izzy Neis of ModSquad explore the UK’s Online Safety Act (OSA), the EU’s Digital Services Act (DSA), and U.S. laws like Section 230 and COPPA.
We tackle key questions like: What is the Online Safety Act and how does it affect platforms? How do OSA and DSA differ? What do Section 230 and COPPA mean for content moderation and child online safety?
From free speech challenges to compliance reporting requirements, learn how platforms can strengthen moderation programs, prepare for global regulations, and build trust and safety by design.
Related Resources:
- Listen to Part I: What does safety online really mean?
- UK Online Safety Act
- EU Digital Safety Act
- More about ModSquad
Show Notes:
- 00:00 – Introduction: Overview of trust & safety in children’s online space.
- 02:00 – OSA & DSA: How UK and EU laws explicitly require moderation.
- 08:00 – Section 230 & COPPA: U.S. protections and child privacy laws.
- 14:00 – Global Patchwork: State-by-state challenges and geofencing issues.
- 20:00 – Age Verification Laws: Texas example and app developer liability.
- 30:00 – Moderation Costs & Compliance: Building sustainable frameworks.
- 37:00 – Tech & Human Moderation: Emerging tools and hybrid approaches.
- 44:00 – Final Takeaways: Best practices for platforms preparing for new laws.
The post Part II: The Laws Governing Online Moderation and Safety appeared first on BBB National Programs.
The digital frontier is reshaping the way we resolve disputes. Join Juan Herrera, the head of the nation’s largest and longest-running vehicle warranty and lemon law dispute resolution program, BBB AUTO LINE, and Colin Rule, CEO of Mediate.com, as they explore how cutting-edge technologies are transforming online dispute resolution (ODR) across industries.
Whether you’re a legal professional, a mediator, or simply curious about the future of conflict resolution, this podcast will equip you with insights on the tech journey ODR has been on, and where ODR is headed.
Chapters:
00:00 – Intro & Guest Background: Juan Herrera welcomes Colin Rule, pioneer in online dispute resolution.
01:24 – What is ODR?: How technology transformed dispute resolution.
02:50 – Scaling Disputes at eBay: Building systems to handle millions of cases.
06:28 – Adapting for Complex Cases: Tailoring processes for high-value disputes.
09:56 – Pandemic Shift to Online Mediation: How COVID-19 changed the field.
14:24 – AI in Dispute Resolution: Current uses and future potential.
22:19 – Smart Contracts & Trust Tech: Blockchain’s role in resolving disputes.
26:16 – Ethics & Fairness in AI: Setting guardrails for trustworthy systems.
30:19 – Closing Thoughts: Colin’s vision for the future.
The post The Impact of Emerging Tech on ODR appeared first on BBB National Programs.
Increasingly, regulators and platforms are moving from a “privacy-first” mindset (think data minimization, parental consent, etc.) to a broader “safety‑by‑design for all minors” mindset (think age assurance, risk assessments, content/algorithmic controls), with real tensions around areas like autonomy and use of AI.
In part one of this two-part episode of Priv, Dona Fraser is joined by Izzy Neis of ModSquad to discuss this shift from privacy to safety, explore behind the curtain of how “safety online” takes shape in the real world, and break down how to operationalize ‘safety by design,’ including where things typically go wrong.
Chapters
00:00 Introduction to Privacy in Digital Spaces02:49 The Importance of Child Safety Online13:18 Mod Squad’s Role in Content Moderation17:58 Challenges in Moderating Content for Kids29:04 Design Mistakes Increasing Risks for Young Users37:15 Conclusion and Future ConsiderationsThe post Part I: What does safety online really mean? appeared first on BBB National Programs.
In 2024, 82% of U.S. marketers used influencer partnerships in ad campaigns at a value of a whopping $24 billion. Influencer marketing is a key cornerstone of marketing campaigns, but how much do consumers trust influencers and influencer marketing?
In this episode of Ad Watchers, hosts Annie and Eric are joined by Katie Goldstein of SuperAwesome to discuss recent data commissioned by the National Advertising Division to establish consumer trust in influencer advertising. The survey found that one of the biggest reasons for distrust in influencers is a lack of transparency and honesty about brand association and the disclosure of the connection to the brand. They dig into the data, discuss influencer best practices for brands, and learn about influencer trust as it relates to children.
Key Takeaways:
00:00 Influencer marketing is a cornerstone of modern advertising.
05:48 Consumers expect transparency in influencer-brand relationships.
10:16 Younger demographics are more trusting of influencers but require clear disclosures.
17:09 AI in advertising poses potential risks for misleading claims.
23:02 Key Takeaways and Conclusion:
- Parents should actively engage with their children’s online content.
- Not all influencer content is harmful; some can be beneficial.
- Brands need to align with influencers who share their values.
- Transparency is crucial for building trust with younger audiences.
- The FTC emphasizes the need for clear advertising disclosures to kids.
- Understanding the content can lead to better conversations between parents and children.
Related Resources:
- 2025 Influencer Trust Index
- Children’s Advertising Review Unit (CARU)
- CARU COPPA Safe Harbor Program
- CARU Pre-Screening Services
The post Influencer Marketing Consumer Insights: What can lead to distrust? appeared first on BBB National Programs.
The Connecticut Data Privacy Act (CTDPA) grants important data rights to Connecticut residents and solidifies critical privacy obligations for covered businesses. The Global Privacy Control or “Universal Opt Out Control” provision of the Act is intended to help consumers regain contol over their own data, and shifts that responsibility to businesses.
BBB National Programs’ Vice President, Global Privacy Division and Privacy Initiatives Operations, BBB National Programs is joined by Jordan Levin, Assistant Attorney General, Privacy Section, Office of the Connecticut Attorney General, to discuss how the CTDPA changes the game when it comes to a consumer’s data privacy rights, how the process has been streamlined, but also how businesses are impacted by these changes.
Resources:
– Dona + Michele convo
– Enforcement Report: Attorney General Tong Releases Updated Report on Connecticut Data Privacy Act
– Connecticut Data Privacy Act FAQs
– For consumers: How to Opt Out from Ad Tracking with Global Privacy Control? A Guide for Web Users
– For businesses and web publishers
The post The CTDPA’s Universal Opt Out Control: Data Rights & the Impact on Business appeared first on BBB National Programs.
Health-related advertising claims are held to a higher standard of proof than other claims. For health-related claims, a “reasonable basis” requires advertisers to provide competent and reliable scientific evidence (CARSE). In this episode, your hosts Annie and Eric dig into the weeds of National Advertising Division cases on GLP-1, claims that certain foods could “boost brain health,” performance claims like “live longer” and “jump higher,” and other drug and dietary supplement claims, including those targeted to creating a “calm mood” in children.
Key Takeaways
00:00 Introduction to the National Advertising Division
00:56 Health Claims Overview
02:22 Regulatory Guidance on Health Claims
05:17 Competitor Challenges in Health Claims
08:38 Nutritional Claims and Evidence
11:31 Dietary Supplements and Drug Claims
14:24 Case Studies on Dietary Supplements
15:46 Advertising to Different Audiences
19:07 Claims in Sports Performance Products
22:26 Pain Relief Products and Evidence
23:51 Oral Care Products and Claims
28:36 Final Tips and Conclusion
The post Time for a Health Claims Checkup? appeared first on BBB National Programs.
This is not just a conversation for those operating in the child or teen space. This conversation is for companies operating online. Full stop.
Join host Dona Fraser and her returning guest, Morgan Reed, President of the App Association, as they focus this episode of Privacy Abbreviated on the constantly evolving ecosystem of protecting children and teens online. From verifiable parental consent, to age appropriate design, to language like “all platforms must provide..,” Dona and Morgan break down the state and federal laws and proposals that are impacting companies across the board.
Key Takeaways
00:00 Introduction to Privacy Challenges for Children and Teens
02:47 Legislative Landscape and Its Impact on Businesses
05:43 Understanding Age Verification Requirements
08:58 The Cost of Compliance and Operational Challenges
11:45 Navigating Parental Consent and Data Collection
14:41 The Complexity of Age Definitions in Legislation
17:33 Risk Analysis for Businesses in a Changing Legal Environment
20:56 First Amendment Challenges and Broader Implications
23:49 The Burden on Small Businesses and Compliance Costs
26:47 The Role of Platforms in Age Verification
29:37 Future of Privacy Legislation and Business Practices
32:29 Global Perspectives on Age Verification and Compliance
35:45 Conclusion and Call to Action for Businesses
The post Operational Realities in Tween Privacy appeared first on BBB National Programs.
The U.S. advertising industry founded the National Advertising Division (NAD) to build consumer trust in advertising and support fair competition in the marketplace. Through this soft law model, responsible brands voluntarily discontinue or modify challenged misleading ad claims. In this era of deregulation, industry leaders can learn from the advertising industry and keep moving forward even if government does not.
In this episode of Ad Watchers, hosts Annie and Eric talk with Howard Smith, the Executive Director of the Center for Industry Self-Regulation (CISR), a charitable non-profit that is working to educate industries on the power of soft law. Howard discusses the current landscape, the call to action for business leaders to embrace industry self-regulation models for addressing systemic industry challenges, and how CISR is working on an education intuitive that will help provide a long-term solution.
Related Resources:
- CISR’s Research Center
- Curriculum for Law, Business, and Public Policy Schools
- CISR’s Incubator for New Ideas
The post Expanding Knowledge of Soft Law – What is CISR? appeared first on BBB National Programs.
Whether your company has 5 employees or 500, if you operate online, you’re collecting user data—and that means you must have a privacy policy. But having a privacy policy isn’t just a legal requirement; it’s a powerful statement of your company’s ethics and values. Done right, it reflects a genuine commitment to transparency, accountability, and user trust. Unfortunately, too many businesses treat it as just another box to check.
In this episode of Priv, host Dona Fraser is joined by Wills Catling, Director at Myna Partners, for a candid and comprehensive conversation on what it really takes to get a privacy policy right. Together, they unpack the critical elements of a strong policy—from risk management and accountability to opt-in vs. opt-out frameworks, cookie strategies, and how to navigate the patchwork of state, federal, and international regulations.
Key Takeaways
00:00 Introduction to Privacy Policies03:25 Understanding Internal Governance for Privacy08:04 The Importance of Accountability in Privacy11:32 The Role of Privacy Notices as Contracts17:50 Distinguishing Accountability from Internal Controls20:52 Training and Compliance in Data Privacy27:27 Common Mistakes in Drafting Privacy Notices32:10 Building Trust Through Transparency36:03 Navigating Opt-In vs. Opt-Out Consent40:31 The Future of Cookie Banners and User Consent44:24 The Challenge of Obtaining Informed Consent46:08 Creating Effective Privacy PoliciesAdditional Resources:
- Myna Partners
The post Please Don’t Copy and Paste: Getting Privacy Policies Right appeared first on BBB National Programs.
A single-issue ad law case does not mean it is not an important issue. For the last 5 years, the Fast-Track SWIFT filing track has addressed the increasing speed of online campaigns and the demand for the challenge process to keep pace, issuing decisions within 20 days of the challenge.
In this episode of Ad Watchers, hosts Annie and Eric discuss the rapid rise in single-issue advertising NAD challenges, a 3-fold increase in the last three years, and outline the types of cases seen, such as disclosure and #1 claims.
Related Resources:
- Fast-Track SWIFT
- National Advertising Division Finds ‘Verizon Is the Number One Network Choice in Public Safety’ Claim in Verizon Frontline Commercial Supported
- National Advertising Division Recommends DREO Limited Discontinue “#1 Brand” Claims for its Fans and Heaters
- National Advertising Division Recommends Tempur-Pedic Discontinue Disparaging Claims Against Sleep Number
- National Advertising Review Board Recommends that Perrigo Discontinue ‘#1 Brand of Flossers’ Claims for its Plackers Brand Dental Floss Products
- National Advertising Division Finds T-Mobile’s Claim that it is the First and Only Wireless Provider to Partner with Starlink Supported
- In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim
- National Advertising Division Recommends Oral Essentials Discontinue “Enamel Safe” Claim for Lumineux Whitening Mouthwash
The post 5 Years of SWIFT – Does it meet the need for speed? appeared first on BBB National Programs.
Last year, the U.S. Department of Commerce announced the establishment of the Global Cross-Border Privacy Rules (CBPR) and Global Privacy Recognition for Processors (PRP) Systems. In anticipation of its official launch this year, get caught up with a deep dive on the world of CBPRs with Priv host Dona Fraser and her guest Victoria Akosile, Deputy Director of BBB National Programs Privacy Initiatives.
This episode, which originally aired in May 2024, breaks down the “what you need to know” knowledge about the global CBPR system, quickly reviews the “how we got here” facts, and provides you with the “what do I do now” information you need, whether you are a data controller or data processor.
Key Takeaways:
- (2:58) The CBPR framework establishes a unified set of privacy requirements, fostering international alignment for compliance. It serves as a benchmark for companies to ensure their privacy practices meet a globally recognized standard. By adhering to CBPR requirements, companies can enhance consumer trust and mitigate risks associated with data privacy non-compliance.
- (8:05) Integration into the CBPR program enables companies to assess and fortify their privacy procedures. Participation facilitates a structured review process, identifying areas for improvement in privacy management. It empowers companies to adapt to evolving privacy regulations and consumer expectations, ensuring resilience against data breaches and regulatory penalties.
- (13:47) CBPR and PRP certifications present an opportunity to revolutionize vendor management strategies. Companies can leverage certifications to vet vendors, selecting partners with robust privacy safeguards. Certification streamlines data transfers by providing assurance of compliant data handling practices across the supply chain.
- (24:07) BBB National Programs acts as an accountability partner, aiding companies in obtaining CBPR and PRP certifications. Through collaborative engagement, BBB National Programs assists companies in navigating the certification process efficiently. Our expertise helps companies uphold high privacy standards, fostering consumer trust and regulatory compliance.
- (33:11) The forthcoming Global CBPR Forum meeting in Tokyo anticipates widespread interest from nations seeking to join the framework and advance data privacy interoperability. The event serves as a platform for sharing best practices and fostering collaboration among participating countries. It underscores the global momentum towards harmonizing data protection regulations, promoting cross-border data flows while safeguarding individual privacy rights.
The post [REPLAY] Launching 2025: Global CBPR Forum appeared first on BBB National Programs.
The National Advertising Division (NAD) Annual Report provides a comprehensive look at the year’s ad law trends and hot topics, from influencers to AI to reviews and rankings.
To kick off a new season of Ad Watchers, hosts Eric and Annie provide insights from the 2024 Annual Report and discuss what’s next in the year ahead, along with some timely best practices for advertisers.
Annie and Eric discuss the report, highlighting key trends in advertising law, including the rise of influencer marketing, AI challenges, and comparative claims. They emphasize the importance of compliance in health and safety claims and preview upcoming events, including the 2025 NAD conference.
Key Takeaways:
- NAD has over 50 years of experience in advertising law.
- The annual report reveals significant trends in advertising disputes.
- Fast-Track SWIFT filings have increased by 50% since 2023.
- Influencer marketing cases are on the rise, especially in beauty.
- AI-related advertising issues are becoming more prevalent.
- Comparative claims continue to be a major focus for NAD.
- Health claims require competent and reliable scientific evidence.
- NAD is seeing new product categories and challenges.
- The 2025 NAD conference will be held in September in Washington, D.C.
Chapters:
[00:00] Introduction to NAD and Advertising Law
[02:12] Annual Report Insights and Trends
[07:29] Influencer Marketing and AI Challenges
[12:11] Comparative Claims and Industry-Specific Cases
[17:03] Health and Safety Claims in Advertising
[19:29] Looking Ahead: NAD Conference and Future Trends
The post The Ad Law Trend Report – What were 2024’s hot topics and trends? appeared first on BBB National Programs.
Join us for this episode of Privacy Abbreviated, where Dona Fraser is joined by Rukiya Bonner, Director, Children’s Advertising Review Unit, BBB National Programs to discuss a year in children’s privacy in review. Dona and Rukiya break down the FTC’s COPPA Rule revisions, what new legislation has been proposed, what those proposals mean for businesses (including consideration of teen users), and predictions on what could be coming next.
Dona and Rukiya’s conversation highlights the challenges of balancing privacy and safety, navigating targeted advertising, and the importance of proactive measures for companies operating in this space. Key takeaways emphasize the need for vigilance, transparency, and the adoption of best practices in privacy compliance.
Chapters
[00:00] Introduction to Children’s Online Privacy
[03:30] Current Legislative Landscape for Children’s Privacy
[06:03] Understanding COPPA in All Forms
[12:26] The Role of Safe Harbors
[18:44] State-Level Privacy Laws and Their Implications
[23:55] Challenges in Balancing Privacy and Safety
[28:56] Navigating Targeted Advertising and Data Privacy
[37:38] Key Takeaways for Companies in the Children’s Space
Key Takeaways
- The definition of a child is crucial in privacy discussions.
- Legislative proposals are increasing but progress is slow.
- COPPA 1.0 remains the law, with updates anticipated in 2025.
- Verifiable parental consent is evolving with technology.
- Safe harbors provide essential compliance support for companies.
- State-level laws are creating a complex patchwork for compliance.
- Balancing privacy and safety is a significant challenge.
- Targeted advertising must comply with strict regulations.
- Companies should prepare for the upcoming changes in legislation.
- Engaging with third-party vendors is critical for compliance.
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For the season finale of Privacy Abbreviated, host Dona Fraser is joined by her friend Morgan Reed, President of The App Association to discuss a year in review of privacy. Dona and Morgan discuss it all, from major developments in regulatory and enforcement actions, the need for comprehensive U.S. privacy and understanding of global privacy laws, to children’s privacy and the 50-foot elephant in the room, AI.
On each topic, Dona and Morgan focus on what the current state means for business, provide some practical advice, and outline where they see the privacy world evolving on the road ahead.
Donna and Morgan discuss the evolving landscape of privacy regulations, focusing on the challenges faced by small and medium-sized businesses. They explore the implications of federal and state privacy laws, the impact of AI on data privacy, and the need for comprehensive reform to protect consumer expectations while supporting business growth.
Key Takeaways:
- Small businesses don’t want to be small forever, but they also don’t have the bandwidth and resources to scale AND comply.
- The lack of a unified federal privacy law complicates compliance.
- AI is a significant factor in shaping future privacy legislation.
- State laws create a complex patchwork for businesses to navigate.
- Consumer expectations must guide data practices.
- Businesses need to understand their data-sharing practices.
- Clear guidance on privacy laws is essential for compliance.
Chapters:
00:00 Introduction to Privacy Trends
03:06 Challenges for Small and Medium-Sized Businesses
05:57 Federal Privacy Legislation: Current Landscape
08:51 The Impact of AI on Privacy Regulations
12:14 State Privacy Laws and Their Implications
15:00 The Role of AI in Data Privacy
18:05 Navigating Privacy in a Complex Regulatory Environment
20:57 The Future of Privacy Legislation
24:12 Concluding Thoughts on Privacy and Business
Additional Resources:
- TAPP Roadmap
- Fifty Shades of Consumer Health Data: How a Risk-Based Approach Provides More Clarity
- New WA Consumer Health Law Drives Call to Action: Adopt Robust Standards in the Health B2C Marketplace
- ACTOnline.org: Developers Keep You Safe, Now It’s Congress’s Turn
Enjoyed this episode? Get caught up on past seasons of Privacy Abbreviated and subscribe to never miss an episode. Learn more about BBB National Programs’ Privacy Initiatives.
The post Privacy Year In Review: Laws, the Impact, and the Elephant in the Room appeared first on BBB National Programs.
In the final episode of the season, Ad Watchers hosts Annie Ugurlayan and Eric Unis go global. They are joined by Sibylle Stanciu-Loeckx, the executive director of the International Council for Advertising Self-Regulation, to discuss the international landscape of advertising self-regulation, including global hot topics, how countries find consensus on critical advertising issues, and the launch of a new Global Think Tank established to explore advertising’s next frontier.
Annie, Eric, and Sibylle discuss the importance of advertising self-regulation on a global scale. They cover the diverse approaches to advertising standards across different countries, the current challenges faced by self-regulatory organizations, and the launch of a new Global Think Tank aimed at fostering collaboration and developing better advertising guidelines. This episode emphasizes the need for ethical advertising practices and examines the role of AI in shaping the future of advertising self-regulation.
Key Takeaways:
- Cultural differences shape advertising self-regulation systems.
- AI presents both opportunities and challenges in advertising.
- Collaboration among self-regulatory organizations (SROs) is essential for effective self-regulation.
- The ICAS Think Tank aims to enhance global advertising standards.
- Consumer complaints are a significant focus for many SROs.
- Sustainability and responsible advertising are hot topics globally.
- US advertising regulations influence global practices.
- Ethics in advertising is a universal commitment.
Chapters
00:00 Introduction to Advertising Self-Regulation
02:02 Exploring ICAS and its Global Impact
10:10 Diverse Approaches to Advertising Self-Regulation
14:52 Current Challenges in Advertising Self-Regulation
20:06 Building Consensus Among Global SROs
24:51 Future Trends in Advertising Self-Regulation
Relevant Resources:
- Solving Shared Challenges: A Global Approach to Advertising Self-Regulation
- ICAS Global Think Tank Press Release
- ICAS/EASA Global Guidance on Environmental Claims
- Listing of ICAS Members
- NAD 2025 Annual Conference – Sign up for updates
- Monthly Ad Law Insights Newsletter
The post A Chat with ICAS: What Are Ad Law’s Global Hot Topics? appeared first on BBB National Programs.
On this episode of Priv, Miles Light, BBB National Programs’ Senior Counsel for Youth, Privacy, & Technology steps into the role of host for this conversation, joined by Brenda Leong, a partner at Luminos.Law to discuss the responsibilities and requirements of artificial intelligence (AI), in privacy and beyond.
AI technology does not only affect the privacy vertical – it is a cross functional challenge. Miles and Brenda discuss AI governance and policies, laws and regulations, and operational considerations within a company, including the role of humans in a world of algorithms and machine learning.
They discuss the importance of understanding the unique requirements and responsibilities of AI, the need for cross-functional communication and collaboration, and the key themes of accountability, fairness, and transparency in AI regulation. They also explore the role of governance policies and contracts in managing AI risks and the potential for renegotiating contracts to address the expectations and liabilities associated with AI.
Key takeaways:
- [2:07] AI deployment presents unique legal challenges and compliance headaches that require careful consideration and management.
- [05:18] Understanding the requirements and responsibilities of AI is essential for both privacy professionals and AI professionals.
- [09:02] Cross-functional communication and collaboration are crucial for effectively addressing AI risks and ensuring responsible AI governance.
- [13:20] The key themes of accountability, fairness, and transparency are central to AI regulation and risk management.
- [20:24] Governance policies and contracts play a critical role in managing AI risks and establishing liability and expectations.
The post Making Sense of AI Governance appeared first on BBB National Programs.
It is not uncommon to hear that a child wants to be a content creator – making a living by sharing their hobbies, likes, and interests with a following on a social media platform like YouTube. A common business model for successful content creators is to work in paid partnership with a brand to market a product or service. How does that business model work when the influencer is a child?
In this episode of In the Sandbox, our host Rukiya Bonner, Director of the Children’s Advertising Review Unit (CARU), speaks with Pocket.Watch’s Julia Moonves and Angela Tiffin (a former CARU attorney) about the business of child influencers. Together, they break down the state laws protecting these young content creators – such as the Coogan law and the new Illinois child influencer law – as well as the role of a parent in the business and the special considerations that come into play when working with a young creator.
Key Takeaways:
- Clear and conspicuous disclosures are essential in influencer videos to protect children and comply with advertising guidelines.
- When partnering with creators, it is important to consider their established audience, content quality, and aligned values.
- Influencer laws, such as the Coogan law, help protect child creators by requiring a percentage of their earnings to go into a trust account.
- AI-generated children may impact content creation, but human creators offer authenticity and a connection that AI lacks.
- Pocket.Watch prioritizes the well-being of child creators and works to minimize their involvement in commercial aspects of the work.
Chapters:
- [00:00] Introduction and Overview
- [01:03] Concerns about Influencer Videos and Disclosures
- [02:52] Pocket.Watch: A Modern Kids Media Company
- [04:15] Angela Tiffin’s Role and Experience at K.R.U.
- [06:07] The Rise of Child Creators and Finding Partners
- [09:30] Protecting Child Creators and Vetting Families
- [12:49] Influencer Laws: Coogan Law and Related Legislation
- [15:37] Providing Disclaimers and Protecting Creators
- [17:34] The Impact of AI-Generated Children on Content Creation
- [19:01] Prioritizing the Well-being of Child Creators
- [20:24] Conclusion and Call to Action
Mentioned in this episode:
- CARU Finds YouTube Channel “Vlad and Niki” in Violation of its Advertising Guidelines; Recommends Disclosure Modifications
- Subscribe to the Online Archive
- CARU’s Advertising Guidelines
- Compliance Warning: AI in Child-Directed Advertising and Data Collection
The post Protecting Child Influencers appeared first on BBB National Programs.
Artificial intelligence (AI) is top-of-mind for most businesses and on the radar of the National Advertising Division (NAD). In this episode of The Ad Watchers, NAD attorneys Eric Unis and Annie Ugurlayan are joined by guest Ken Crutchfield from Wolters Kluwer Legal & Regulatory U.S. to discuss AI’s potential impact on advertising.
Annie, Eric, and Ken chat about how AI is shaking things up in advertising and the law. Their discussion includes a comprehensive overview on the types of AI, how it works, and where advertisers may want to tread lightly. They dive into a recent case where AI was in the spotlight and break down the different kinds of AI out there. Ken brings insights on how AI is changing the legal field, how it can help advertisers get a grip on markets, and why using AI correctly is so crucial. The conversation covers the ups and downs of using AI in ads, what advertisers need to think about, and tips for navigating AI-related challenges.
Key Takeaways
[03:00] Clear disclosures are crucial when using AI in advertising to avoid misleading claims and copyright infringement.
[11:36] Validation of AI-generated content through trusted sources is essential to ensure accuracy and reliability.
[15:07] Regulating AI poses challenges, and laws may vary internationally, requiring careful consideration of legal requirements.
[21:39] Courts are encountering AI-related cases, and the use of AI in legal proceedings is a topic of discussion.
[24:01] The conversation around AI in advertising and the law is ongoing, and further exploration of its implications is necessary.
The post AI is Everywhere: What about advertising? appeared first on BBB National Programs.
Join us for this episode of Priv, where our host Dona Fraser, Senior Vice President of Privacy Initiatives at BBB National Programs, is joined by Phyllis Marcus of Hunton Andrews Kurth to discuss the broad operational, financial, and logistical impacts and challenges of trying to protect both children and teens online under the same laws and regulations.
Marcus and Fraser explain the current regulatory landscape and unpack the evolution of children’s privacy laws, including COPPA. They discuss the increasing number of legislative proposals at both the state and federal level and explore challenges businesses face today related to verifiable parental consent, examine proposed technological solutions like biometrics, and discuss the responsibility of third-party operators.
The conversation includes a look at age-appropriate design codes and the shifting responsibility from parents to the entire ecosystem, as well as, third-party liability and the role platforms play in protecting children’s privacy. The conversation concludes with a discussion on the potential future of children’s privacy laws.
Additional Resources:
-
- WEBINAR: Getting Age Assurance Right
- Priv Podcast: The COPPA Rule Proposed Changes, the Impact, & the Magic 8 Ball | Privacy Abbreviated
- TeenAge Privacy Program Roadmap
- WEBINAR: What’s Next in Children’s Privacy: An Update on the FTC’s Proposed Changes to the COPPA Rule
- https://www.huntonak.com/privacy-and-information-security-law/
Key Takeaways:
- (02:41) Children’s Privacy Landscape – Children’s privacy laws, such as COPPA, have evolved over time to address the challenges posed by new technologies and online platforms.
- (06:30) Shifting Responsibility – The responsibility for protecting children’s privacy is shifting from parents to the entire ecosystem, including platforms and service providers.
- (13:17) Verifiable Parental Consent – Verifiable parental consent is a key consideration for companies that collect personal information from children, and there are various mechanisms available to obtain consent.
- (20:30) Third-Party Liability – Third-party liability is an important aspect of children’s privacy laws, holding not just first-party operators but also third parties accountable for compliance.
- (32:23) Holding Platforms Accountable – The role of platforms in protecting children’s privacy is still evolving, with discussions around consent management and the sharing of age information.
- (39:39) A Look to the Future – The future of children’s privacy laws is uncertain, with potential updates to COPPA and ongoing debates about the role of federal and state legislation.
The post Likely to be Accessed: Do You Know Who Your Users Are? appeared first on BBB National Programs.
For this episode of Ad Watchers, our hosts Eric Unis and Annie Ugurlayan, attorneys at the National Advertising Division (NAD), dive into the fine print to discuss disclosures – the what, when, where, and how of ensuring consumers receive the material information they need to make an informed purchasing decision.
From small fonts to fast talking and distracting music, our hosts revisit this common issue area in advertising law. Listen in for a discussion of what it takes for a disclosure to be considered clear and conspicuous and uncover lessons learned from a series of print and TV advertisements that didn’t quite meet the standard for transparency.
For more, listen to Season 1’s episode covering the 4 P’s of a proper disclosure: prominence, presentation, placement, and proximity.
Key Takeaways
- (1:30) Proper execution of disclosures in advertising is crucial to ensure that consumers notice, read, and understand them.
- (3:26) Disclosures should be clear and conspicuous, using plain English and being in close proximity to the claim or drawing attention to the disclosure. Hyperlinks should be used carefully, ensuring that important information is not hidden behind them and that they are easily noticeable and understandable.
- (04:23) Consider the specific requirements of different advertising formats, such as TV, radio, and mobile devices, when designing and placing disclosures.
- (22:06) Disclosures on packaging should be on the same panel as the claim and easily visible to consumers.
- (24:30) Font size and readability of disclosures should be prioritized, avoiding the need for magnifying glasses.
- (25:26) Use plain English in disclosures, keeping in mind that they should be easily understood by the average consumer.
The post Clear and Conspicuous Disclosures: Can You Read the Fine Print? appeared first on BBB National Programs.
Join us for this episode of Priv, where Dona Fraser is joined by Miles Light, Senior Counsel, Youth Privacy & Technology at BBB National Programs for an adtech block party. Cookies, pixels, and SDKs are all invited.
Appropriate for beginners and privacy pros, this podcast breaks down the most talked about issues in the adtech space, including the impact of the death of the cookie, the focus of regulators on the pixel, lessons learned from recent cases related to software developer kits (SDKs), what all of this looks like for children and teens, and what the legislative and regulatory road ahead looks like.
Dona and Miles cover three main problems facing the ad tech industry: regulatory pressures, legislative pressures, and litigation. The conversation delves into the tracking technologies used in ad tech, such as cookies, pixels, and SDKs, and the implications of their use. They also explore the state and federal laws that impact ad tech, including the challenges of compliance and the varying approaches taken by different states. The episode concludes with a discussion on ongoing litigation related to ad tech tracking and the importance of auditing websites and cross-functional collaboration.
Key Takeaways:
- (03:05) The adtech industry faces challenges from regulatory pressures, legislative pressures, and litigation. Regulatory bodies are increasingly scrutinizing the adtech sector to ensure consumer privacy and data protection. Legislative measures, such as GDPR and CCPA, and ongoing lawsuits also contribute to the complexity and risk within the industry.
- (10:09) Tracking technologies like cookies, pixels, and SDKs are used in adtech to log consumer behavior online. These tools collect data on user interactions and preferences, enabling targeted advertising and personalized user experiences. However, their usage has raised significant privacy concerns and regulatory scrutiny.
- (13:44) State and federal laws impact adtech, and compliance can be complex and varied. Different regions and jurisdictions have their own data protection laws, making it challenging for ad tech companies to navigate and ensure compliance. This patchwork of regulations requires companies to stay informed and adapt their practices continuously.
- (27:27) Ongoing litigation related to adtech tracking raises questions about consent and liability. Legal cases often focus on whether consumers have given informed consent for their data to be collected and used. These lawsuits can result in significant penalties and drive changes in industry practices.
- (38:27) Companies should regularly audit their websites and ensure cross-functional collaboration to address privacy challenges in adtech. Regular audits help identify and mitigate potential privacy risks and ensure compliance with relevant laws. Cross-functional collaboration between legal, IT, and marketing teams is essential to effectively manage these challenges and implement comprehensive privacy strategies.
The post Breaking Down AdTech: Cookies and Pixels and SDKs, Oh My! appeared first on BBB National Programs.
For this episode of Ad Watchers, join us for Eric’s favorite ad law topic: puffery, an exaggerated, blustering, or boastful statement or general claim that could only be understood to be an expression of opinion, not a statement of fact. But where is the line between puffery and a claim that needs a reasonable basis?
Our hosts once again revisit a fan favorite and discuss the most recent puffery cases seen before the National Advertising Division, breaking down the various facets of puffery, including the use of emojis, to answer the burning question – does it require substantiation?
Eric and Annie discuss the concept of puffery in advertising law, exploring its definition, application, and recent cases. The conversation delves into the nuances of puffery, its context-specific nature, and the challenges of distinguishing puffery from objective claims. It also addresses the use of symbols, emojis, humor, and pride in advertising, providing valuable tips for navigating puffery in advertising claims.
Key Takeaways:
- (2:00) Puffery in advertising law is a nuanced and context-specific concept that requires a deep understanding of consumer expectations and the distinction between subjective and objective claims. Advertisers must assess how their target audience perceives various claims and differentiate between what is considered a mere opinion and a factual statement.
- (8:21) The use of symbols, emojis, humor, and pride in advertising can impact the interpretation of puffery claims. It may lead to challenges in distinguishing puffery from objective claims since symbols and emojis can add ambiguity, humor can blur the lines between exaggeration and deception, and pride-based claims can appear subjective but sometimes imply objective standards.
- (9:40) When navigating puffery in advertising claims, it is important to fully brief the issues, keep claims general, and tread carefully with humor to avoid denigrating messages. Ensure all team members are aware of the legal nuances, use generalized statements to reduce the likelihood of factual interpretations, and employ humor cautiously to prevent misinterpretation or offense.
- (12:57) Understanding recent puffery cases and their outcomes provides valuable insights into the application of puffery in advertising law and the challenges faced by advertisers in defending their claims. Analyzing court decisions helps predict how similar claims might be judged, illustrates the evolving standards and expectations in advertising law, and aids in crafting defensible advertising strategies.
More episodes on puffery:
It’s Not Puffery. Do You Have The Evidence To Be #1?
Best Podcast Episode Ever: What is Puffery?
The post The Best Subject In Advertising Law: Is It Puffery? appeared first on BBB National Programs.
On April 30, the U.S. Department of Commerce announced the establishment of the Global Cross-Border Privacy Rules (CBPR) and Global Privacy Recognition for Processors (PRP) Systems. In this episode of Priv, host Dona Fraser is joined by Victoria Akosile, Deputy Director of BBB National Programs Privacy Initiatives to take you from APEC to global CBPRs, explaining all of the acronyms in between.
Privacy professionals are faced with what seems like a never ending, sometimes overwhelming stream of new privacy laws and regulations, both here in the U.S. and abroad. Our goal with this episode is to break down the “what you need to know” knowledge about the global CBPR system, quickly review the “how we got here” facts, and provide you with the “what do I do now” information you need, whether you are a data controller or data processor.
In this episode of Privacy Abbreviated, Dona Fraser and Victoria Akosile discuss the Cross-Border Privacy Rules (CBPR) program and its recent expansion to become the Global CBPR Forum. They explain how the CBPR framework provides a uniform set of privacy requirements that coalesce around an international baseline for compliance. They also discuss the role of Accountability Agents, such as BBB National Programs, in helping companies obtain and maintain their CBPR certification. The conversation highlights the importance of data privacy interoperability and the benefits of CBPR and PRP certifications for both data controllers and processors. They also touch on the SolarWinds case and the upcoming Global CBPR Forum meeting in Tokyo.
Key Takeaways:
- (2:58) The CBPR framework establishes a unified set of privacy requirements, fostering international alignment for compliance. It serves as a benchmark for companies to ensure their privacy practices meet a globally recognized standard. By adhering to CBPR requirements, companies can enhance consumer trust and mitigate risks associated with data privacy non-compliance.
- (8:05) Integration into the CBPR program enables companies to assess and fortify their privacy procedures. Participation facilitates a structured review process, identifying areas for improvement in privacy management. It empowers companies to adapt to evolving privacy regulations and consumer expectations, ensuring resilience against data breaches and regulatory penalties.
- (13:47) CBPR and PRP certifications present an opportunity to revolutionize vendor management strategies. Companies can leverage certifications to vet vendors, selecting partners with robust privacy safeguards. Certification streamlines data transfers by providing assurance of compliant data handling practices across the supply chain.
- (24:07) BBB National Programs acts as an accountability partner, aiding companies in obtaining CBPR and PRP certifications. Through collaborative engagement, BBB National Programs assists companies in navigating the certification process efficiently. Our expertise helps companies uphold high privacy standards, fostering consumer trust and regulatory compliance.
- (33:11) The forthcoming Global CBPR Forum meeting in Tokyo anticipates widespread interest from nations seeking to join the framework and advance data privacy interoperability. The event serves as a platform for sharing best practices and fostering collaboration among participating countries. It underscores the global momentum towards harmonizing data protection regulations, promoting cross-border data flows while safeguarding individual privacy rights.
The post Cross Border Privacy Rules Goes Global: A Deep Dive on CBPRs appeared first on BBB National Programs.
For the last 50 years, companies marketing to children have held each other to a higher standard. In 1974 the Children’s Advertising Review Unit (CARU) was established as the U.S. mechanism of independent self-regulation to protect children under age 13 from deceptive or inappropriate advertising. Over the years and as technology evolved, CARU expanded to address new media platforms, new advertising techniques, and to ensure that children’s data is collected and handled responsibly online.
Join Rukiya Bonner, Director, CARU, BBB National Programs and her guest, former CARU attorney Katie Goldstein, now the Global Head of Policy and Regulatory Affairs at SuperAwesome, as they take a trip down memory lane and revisit memorable child-directed commercials, discuss how advertising has changed over the years, identify some of CARU’s most impactful self-regulatory guidelines, and explain CARU’s role in helping ensure that as technology has changed, children remain protected.
In this episode, the host and guest discuss the history and impact of the Children’s Advertising Review Unit (CARU) in self-regulation and protecting children in the advertising space. Rukiya and Katie highlight the guidelines and cases that have shaped the industry over the past 50 years, including the importance of safety, diversity, and avoiding deceptive advertising practices. They also mention the role of pre-screening services, discuss the intersection of advertising and privacy, and conclude with a reminder that CARU’s guidelines still apply in the evolving landscape of AI and the metaverse.
Key Takeaways:
- (4:22) The guidelines have evolved to address changing technology and advertising practices. Its evolving guidelines demonstrate adaptability to technological advancements and shifts in advertising methods, ensuring continued relevance and effectiveness.
- (6:14) Safety, diversity, and avoiding deceptive practices are key priorities in children’s advertising. Advertisers have special responsibilities toward children and should recognize the power of advertising to promote positive change. Safety, diversity, and the prevention of deceptive practices stand as foundational pillars in CARU’s approach to children’s advertising, prioritizing the well-being and informed consumption of young viewers.
- (10:19) Pre-screening services help ensure compliance with CARU guidelines. Through pre-screening services, CARU fortifies adherence to its guidelines, bolstering confidence in the ethical conduct of advertisers targeting children.
- (19:01) CARU’s guidelines still apply in the evolving landscape of AI and the metaverse. Even in the emergent realms of AI and the metaverse, CARU’s guidelines maintain their applicability, serving as essential guardrails in navigating the evolving landscape of digital advertising. By upholding these standards, CARU fosters a safer and more transparent advertising environment for children, regardless of technological advancements.
The post The Evolution of Advertising in the Children’s Space appeared first on BBB National Programs.
In this episode of Priv, host Dona Fraser is joined by American Telehealth Association (ATA) Senior Vice President of Public Policy, Kyle Zebley to check up on consumer health data privacy in the telehealth industry.
From HIPAA to the pandemic to Dobbs to a hodge-podge of new state-level privacy laws, Dona and Kyle discuss the ways companies are navigating this complex terrain, how the world of telehealth has drastically changed, the role of AI in today’s telehealth privacy picture, and what this picture may look like in the future.
Some key takeaways from this episode are:
- (6:41) The COVID-19 pandemic has accelerated the adoption of telehealth, allowing patients to access care remotely and overcoming barriers such as geographic limitations and workforce shortages.
- (10:33) Data privacy is a significant concern in telehealth, and organizations like the ATA are working to develop principles and advocate for consistent policies to protect patient information.
- (17:25) The regulatory landscape for telehealth is complex, with federal and state laws impacting the delivery of care and the collection and use of health data. Consistency and clarity in regulations are essential to ensure compliance and enable innovation.
- (25:36) AI has the potential to revolutionize healthcare by improving efficiency, personalizing care, and addressing workforce shortages. However, it is crucial to have accountability, oversight, and guardrails in place to mitigate bias and protect patient rights.
- (33:03) The future of telehealth and data privacy will depend on ongoing federal conversations, legislative actions, and regulatory decisions. Stakeholders must work together to ensure that telehealth continues to expand and provide accessible and high-quality care.
Another key item to note is the Digital Health Privacy Program (DHPP). DHPP is crucial in the telehealth industry as it establishes protocols to protect the privacy of consumer health data, ensuring trust and confidentiality in remote healthcare interactions. By safeguarding sensitive information, DHPP fosters patient confidence in utilizing telehealth services, driving widespread adoption and improving healthcare accessibility. Learn more about DHPP by following the link below.
Resources mentioned in this episode:
-
- ATA website
- ATA Data Working Group and Privacy Principles
- ATA AI Principles
- ATA Nexus 2024 Conference, May 5-7
- More about DHPP
In this episode of Ad Watchers, hosts Eric Unis and Annie Ugurlayan, attorneys at the National Advertising Division (NAD), revisit the Federal Trade Commission’s (FTC) Endorsement Guides. Given the recent updates to the Guides, the Ad Watchers have refreshed the tips and best practices from Season One for ensuring ad law compliance when using influencers, endorsements, and testimonials in your advertising campaigns.
This episode presents recent cases before the National Advertising Division (NAD) demonstrating the issues outlined in the FTC’s Endorsement Guides and for each case, outlines the best practices you should follow to stay off the radar of the FTC and NAD.
Some Key Takeaways from today’s episode:
- (1:28) Endorsements and Testimonials Integrity: Endorsements and testimonials are essential elements of advertising but must authentically represent the genuine opinions of the endorser. Any material connections between the endorser and the advertiser must be transparently disclosed, ensuring honesty and integrity in consumer communication.
- (7:51) Combating Fake Reviews and Influencer Misuse: Addressing the prevalence of fake reviews and the misuse of influencers, including animal influencers, is crucial in maintaining the credibility and trustworthiness of advertising channels. Regulators and industry stakeholders must collaborate to establish stringent measures to mitigate these issues and uphold the integrity of consumer information.
- (14:11) Transparency in Review Sites: Review sites play a significant role in consumer decision-making, and it’s essential that they transparently disclose whether rankings and reviews are advertisements or independent assessments. Such transparency empowers consumers to make informed choices while safeguarding against misleading advertising practices.
- (19:00) Clear and Conspicuous Disclosures: Transparency is key in consumer communication, necessitating clear and conspicuous disclosures visible across all devices. These disclosures should be positioned in the same location and format as the endorsement, ensuring consumers readily recognize affiliations between the endorser and the advertiser.
For more information, visit: NAD FAQs
Contact Information: programs@bbbnp.org
In December 2023, the Federal Trade Commission (FTC) proposed changes to the Children’s Online Privacy Protection Act (COPPA) Rule, including some that would place more responsibility on providers and platforms to ensure digital privacy and safety for children.
In this episode of Priv, our host Dona Fraser is joined by SIIA Vice President, Education & Children’s Policy, Sara Kloek, and Children’s Advertising Review Unit (CARU) Director, Rukiya Bonner, to discuss how we got here, what the proposed changes mean, the potential impacts of these changes for businesses and Safe Harbors, as well as some predictions on the road ahead.
The conversation delves into the proposed changes to the COPPA Rule and their ramifications on the industry. Explored within are the origins of COPPA, recent regulatory actions and reviews, the importance of data security and compliance, emerging methods for obtaining parental consent, the significance of COPPA Safe Harbors, transparency obligations, the delineation of a child, challenges related to content and access, the impact of avatars on personal data, COPPA’s application in educational settings, and key revisions in the COPPA Rule.
Some Key Takeaways from today’s episode:
- (2:10) Companies and the COPPA Rule Changes: With proposed changes to the COPPA Rule looming, companies must prioritize a proactive approach towards data security and compliance. Reviewing these alterations is crucial as it directly impacts how businesses handle children’s data. By staying ahead of the curve, companies can implement necessary measures to safeguard user information and ensure adherence to regulatory standards, fostering trust among consumers and mitigating potential legal risks.
- (11:57) COPPA Safe Harbors and Privacy Commitment: COPPA Safe Harbors serve as invaluable tools for companies aiming to showcase their dedication to safeguarding children’s privacy. By adhering to these guidelines, businesses not only enhance their reputation but also contribute to a safer online environment for young users. Embracing COPPA Safe Harbors demonstrates a commitment to ethical data practices, ultimately fostering long-term trust and loyalty among consumers.
- (20:56) Complexity of Child Definition and Age Thresholds: Discussions surrounding the definition of a child and age thresholds are multifaceted and necessitate careful consideration. The evolving digital landscape and varying developmental stages of children further complicate this matter. As such, ongoing dialogues are essential to ensure that regulatory frameworks accurately reflect the needs and vulnerabilities of young users, striking a delicate balance between protection and accessibility.
- (28:49) Enhancing User Experience and COPPA Compliance: Transparent notice and consent processes, coupled with innovative approaches to privacy policies, play a pivotal role in enhancing both user experience and compliance with COPPA regulations. By prioritizing clear communication and user-friendly interfaces, companies can empower users to make informed decisions regarding their data while simultaneously meeting regulatory requirements. Creative strategies in this realm not only promote compliance but also foster positive user engagement and brand loyalty.
- (41:40) Adapting to Uncertain Timelines and COPPA Rule Changes: While the timeline for the final COPPA Rule remains uncertain, companies must remain vigilant and adaptable in the face of potential changes. Staying informed about developments in regulatory landscapes is paramount, allowing businesses to swiftly adjust their practices and policies as needed. By prioritizing flexibility and preparedness, companies can navigate regulatory shifts with confidence, ensuring continued compliance and consumer trust.
Visit to Learn More: NAD FAQs
Contact Information: programs@bbbnp.org
Listen to the full episode here.
Dona Fraser, Senior Vice President of Privacy Initiatives at BBB National Programs, and Jason Cronk, chair and founder of the Institute of Operational Privacy Design, are joined by two guests on this Privacy Abbreviated episode. Linsey Krolik, Associate Clinical Professor at Santa Clara University School of Law, and Katharina Koerner, AI and Privacy Advisor at Tech Diplomacy Network, sit down with our hosts to discuss the privacy questions entrepreneurs face when getting their business started.
The episode launches with a clearing of the air. What is a startup? Lindsey kicks us off with a focus on tech startups and clarifies that this term points to a new business that is building some sort of technology, and where there is technology, there is the collection of data. Katharina jumps in with an even broader viewpoint. Any business that is launched and has not existed before should be considered a startup. To further bring us listeners clarity, Katharina shares, “I think every single new business that processes personal information in any shape or form has to be aware of privacy.”
Since all businesses that collect data, big or small, one day old or 100 years old, should consider how they handle the data they receive, there is one question they all should ask themselves. Dona implores that this question regarding information collected is, “What are your must haves? What do you need versus what do you want to have or what would you like?”
Linsey agrees that minimizing the data collected is the right way to go and suggests that for businesses to do that well, goals and purpose must be defined and determined from the onset. “You can’t ask these questions without the context of what the business is trying to do and the purpose for collecting, using, and sharing the data,” Lindsey explains. New businesses should begin here to help set the course for why and how data will be collected.
After the experts’ discussion concerning privacy policy concerning business goals, Jason jumps in with a curiosity about privacy utilized as a tool businesses can use to differentiate themselves. Katharina provides a very thought-provoking perspective. She emphasizes consumer expectations in the 21st century. Today, consumers expect companies to comply with privacy laws, protect their data, and house it with the utmost responsibility and care. This isn’t a differentiator or a nice to have. Data protection done right is a must-have. “You will take care of my privacy,” Katherine reiterates as the tune consumers cry.
Jason challenges that though this is the expectation, is this the reality? He shares a few environments where this expectation may be falling short. Linsey follows up with a different kind of reality, helping to set the right tone for the amount of data startups are truly dealing with when their doors first open.
Dona then asks our guests to share key privacy regulations every startup should know. The top three that come to bear:
- Know your privacy policy. Have one in place and know what those policies are and why this will be the privacy roadmap your startup will follow.
- Get familiar with the Federal Trade Commission (FTC). The FTC has a wealth of resources to help startups understand and comply with federal and state privacy laws.
- If partnering with larger companies, be aware of the privacy obligations you have to each other and understand how compliance or non-compliance impacts each business.
An additional must-know is understanding that consumers are savvy and becoming increasingly familiar with their rights. Startups must consider privacy in their cost of doing business in order to service consumers well. Katharina interjects with an old but true principle, “Not knowing the law doesn’t protect you from enforcement.” Though new to the game, businesses just getting started must know their privacy obligations—it’s part of the job.
Lindsey and Katharina share an emerging trend or technology that startups should monitor regarding privacy. Lindsey mentions that the world of facial recognition and virtual and augmented reality is on the rise, and the extensive biometrics data collected by these products and platforms is beyond our understanding. She recommends a book to listeners, Your Face Belongs to Us, by Kashmir Hill. Enlightening and chilling.
Katharina suggests listeners keep an eye on machine learning. She advises us to familiarize ourselves from the onset with privacy-preserving machine learning. Katherina specifically points to synthetic data. She mentions that it is still in its early stages and is unsure how much it will take off, but it is definitely worth the watch.
Speaking of worth watching, both Linsey and Katherina leave us with final words of advice to apply to our startup privacy space.
Linsey reminds listeners that privacy is about the user. “Startups should keep in mind the user as they build their products,” she recommends, “We call that privacy by design.” With this thinking in mind, Lindsey continues by providing three surefire to-do’s startups should begin with.
Katharina rounds out Lindsey’s advice with the idea of putting privacy into practice. “I also recommend combining those privacy thoughts with training for employees,” she notes. Determine who you want to teach and develop a program or initiative that allows privacy to be at the forefront and done well according to your business goals.
One last reminder to our listeners: Privacy is a must-have, not a nice to have. Tune into the entire episode to truly understand why.
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There are tens of thousands of entrepreneurs in the United States. When getting their business off the ground, often growth, not necessarily privacy, is the primary focus, especially in the technology sector where data is often central to the business.
In this episode of Priv, our hosts are joined by the Tech Diplomacy Network’s Katharina Koerner and Santa Clara University’s Professor Linsey Krolik to discuss the questions entrepreneurs face when getting their business started, how to ensure privacy is part of any pivots or growth plans, and best practices for navigating the data wants vs the must haves.
For more information about this episode, read the show notes here.
As a consumer uses their cell phone or mobile device throughout the day, location data, preference, search, and other seemingly private data is collected by app companies and sold to third-party data brokers. Certain of those third-party data brokers may sell that data to government entities, including law enforcement.
In this episode of Privacy Abbreviated, professor Matthew Tokson joins our hosts to discuss how this collection and sale of private data may help government agencies circumvent certain legal requirements, such as when location data can’t be acquired without a warrant, and the implications of this circumvention.
For more information about this episode, read the show notes here.
Online Casinos haben in Deutschland eine stetig wachsende Beliebtheit erlangt und bieten eine vielfältige Palette von Glücksspieloptionen für Spieler. Diese Plattformen ermöglichen es den Nutzern, bequem von zu Hause aus auf eine breite Auswahl an Casinospielen zuzugreifen, darunter Slots, Roulette, Blackjack und mehr.
Ein entscheidender Faktor für die Popularität von Online Casinos in Deutschland ist die Bequemlichkeit des Zugangs. Spieler können ihre Lieblingsspiele jederzeit und überall spielen, ohne physisch ein Casino besuchen zu müssen. Die Verfügbarkeit von mobilen Apps macht das Erlebnis noch zugänglicher und ermöglicht es den Spielern, auch unterwegs zu spielen.
Die meisten Online Casinos Deutschland auf Pizza-da-Alex bieten attraktive Willkommensboni und laufende Promotionen, um neue Spieler anzulocken und die Treue der bestehenden Kunden zu belohnen. Diese Boni können Freispiele, Einzahlungsboni oder andere aufregende Angebote umfassen.
Die Sicherheit und Seriosität der Online Casinos sind von großer Bedeutung. Lizenzierte und regulierte Plattformen gewährleisten faire Spiele und sichere Transaktionen. Spieler sollten darauf achten, dass das von ihnen gewählte Online Casino über eine gültige Lizenz verfügt und verantwortungsbewusstes Spielen fördert.
Insgesamt bieten Online Casinos in Deutschland eine moderne und unterhaltsame Möglichkeit, Glücksspiele zu genießen. Die ständige Weiterentwicklung der Technologie und die zunehmende Vielfalt der Spiele tragen dazu bei, dass diese Plattformen eine bedeutende Rolle im deutschen Glücksspielsektor spielen.
On this episode of Privacy Abbreviated, hosts Dona Frazier, Senior Vice President of Privacy Initiatives at BBB National Programs, and Jason Cronk, chair and founder of the Institute of Operational Privacy Design, are joined by guest Matthew Tokson, professor at the University of Utah College of Law. He joins them to discuss government purchasing of private data.
Dona launches us into the conversation, asking Professor Tokson to define government purchase of private data and share with listeners why there is such a concern.
2:40- Professor Tokson addresses the question by helping us understand that the data he refers to deals with data collected on users of cell phones—mainly via apps used on phones. Usually, the data that is gathered is related to the location. However, it is not limited to location alone. All information collected by different applications or internet usage on a cell phone, such as browsing habits, is encompassed.
Professor Tokson shares that this data is often sold to data brokers and other third parties who can aggregate it in various useful ways. Now, marketers aren’t the only ones purchasing these gems. Government agencies, including law enforcement, also buy the collected data.
In June 2018, the Supreme Court ruled that the government could not track people’s locations via their cell phones in the CARPENTER v. UNITED STATES case. “The government seems to have found this as a way to circumvent some restrictions on information gathering activities … This is sort of a way around that,” Professor Tokson claries.
“Various government agencies, Department of Homeland Security, the DOJ, and all sorts of agencies have purchased location data and other consumer data for law enforcement purposes.” Professor Tokson adds that this has come with a host of interesting legal questions.
The United States customarily addresses privacy law on a sector-by-sector or use-by-use basis, which has led to the inability to pass the few proposed laws to regulate government purchases of private data.
7:00- Location data is being purchased by national security organizations, the National Security Agency, and the Department of Defense’s Intelligence arm. The market for these data blocks was created after the security need that was exposed by the events of 9/11.
Post 9/11, these agencies have become big purchasers of location data, which they buy for national security purposes. When purchased for this intent, the Fourth Amendment may have less to say about it as long as the data is isolated and used solely for national security reasons.
Jason asks Professor Tokson to help listeners understand if location data is the only intel being sold to the government or if there are other data types consumers should be concerned about. He responds that demographic data, subscriber information, and web and email addresses could be sold but aren’t the most consequential cause of concern. He feels that the data point we should pay the most attention to is web traffic data.
13:09- This data is often telling. This entails IP addresses that someone visits and website URLs users explore. “The type of web surfing a person is doing, who they’re communicating with, what kind of websites they’re reading. I don’t know if you’ve ever gone back and looked at your browser history in any given browser, but it’s a personality fingerprint if you look at it. It could trace the contours of your day, your interests, and things like that. It can be very revealing,” Professor Tokson describes.
In true form, Dona always ensures our guests leave insight prominent to the small to medium-sized business (SMB) community. Regarding the topic of government purchases, Dona asked Professor Tokson to share what SMBs should be thinking about and doing. He warns that if you are a company engaged in selling a lot of data to the government or interacting with law enforcement in any cooperative or ongoing way, you could be found as a state actor. What this means is your business would be considered a brand of the government for whatever investigations they’re working on.
If your company is working with the government as a state actor and your activities are found to violate the Fourth Amendment, that could expose you to civil rights liability. The consequences include fees or a warrant request. Suppose you receive a court order or a request for email or phone call records. In that case, it is important to be cautious to comply with the Stored Communications Act and the Electronic Communications Privacy Act. Professor Tokson explains that both laws have different provisions requiring the government to meet specific requirements, including obtaining a court order to request certain information.
Professor Tokson leaves us with a few more recommendations on how to be a business that thoughtfully and lawfully engages in government purchases. He also leaves listeners with his final word, sharing one privacy issue he wished he could solve tomorrow.
“I would really like the Supreme Court to set out a clear-cut test along the lines of their carpenter decision. That would make me a happy professor.”
Listen to the complete episode here.
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In this episode of Ad Watchers, your hosts discuss a critical link in the chain of advertising industry self regulation: the National Advertising Review Board, or NARB, the appellate body for National Advertising Division cases. This episode welcomes NARB Chair and Vice-Chair, Ken Plevan and Heather Hippsley, as well as NARB Manager, Saveeta Dhanai, to … Continue reading What is the Appeal of an Appeal? Getting to Know NARB →
On this episode of Ad Watchers, host Daniel Range, Attorney at the National Advertising Division (NAD), is joined by an all-star team from the National Advertising Review Board (NARB), BBB Programs. Ken Plevan, Chair, Heather Hippsley, Vice-Chair, and Saveeta Dhanai, Manager, all gather to discuss who makes up the National Advertising Review Board (N ARB) … Continue reading Episode Show Notes: What is the Appeal of an Appeal? Getting to Know NARB →
Emerging technology is innovative, creative, and fun, but it moves faster than the development of the privacy regulations, laws, and formal guidelines that will eventually govern it. In the absence of a comprehensive federal privacy law, companies experimenting and innovating are looking for guidance. Soft law standards and rules of the road can fill the … Continue reading Filling Privacy Gaps with Soft Law Solutions →
Your Privacy Abbreviated hosts, Dona Frazier, Senior Vice President of Privacy Initiatives at BBB National Programs, and Jason Cronk, chair and founder of the Institute of Operational Privacy Design, return to discuss soft law versus hard law. Guest Jameson Spivack, Senior Policy Analyst, Immersive Technologies, with the Future of Privacy Forum (FPF), joins our privacy … Continue reading Episode Show Notes: Filling Privacy Gaps with Soft Law Solutions →
Dona Frazier, host and Senior Vice President of Privacy Initiatives at BBB National Program is joined by former colleague and friend Cobun Zweifel-Keegan who is now Managing Director of IAPP, the International Association of Privacy Professionals, to present a special edition of the Privacy Abbreviated podcast. On July 10th, the European Commission deemed the EU … Continue reading Episode Show Notes: Data Privacy Framework (DPF) is Here – Now What? →
In this episode of Ad Watchers, hosts Dan and Annie take you behind the scenes of the U.S. system of self-regulation in the advertising industry and discuss some of the myths, the misconceptions, and misunderstandings advertisers have. This episode presents the Top Ten things the National Advertising Division (NAD) wants to make sure you know … Continue reading The NAD Top 10 — Did you know? →
On this episode of the Ad Watchers dynamic duo, Annie Ugurlayan and Dan Range decide to address misperceptions and misconceptions about the National Advertising Division (NAD). As the Assistant Director and an attorney of the program, the two tackle the top 10 of the most common misunderstandings that new and not-so-new participants tend to have … Continue reading Episode Show Notes: The NAD Top 10 — Did you know? →
In this episode of Privacy Abbreviated, hosts Dona Fraser, the SVP of Privacy Initiatives for BBB National Programs, and Jason Cronk, the President of the Institute of Operational Privacy Design, are joined by Jeewon Serrato, a partner at BakerHostetler. The three experts discuss how small- and medium-sized businesses can harness the power of Global Privacy … Continue reading Episode Show Notes: Lessons Learned from California on Global Privacy Control →
The patchwork of privacy legislation at the state level is challenging, at best, and right now enforcement of CCPA in California is providing many lessons learned for both other states following in California’s footsteps and businesses trying to remain compliant with new, and old, privacy laws. Last year’s landmark Sephora settlement with the California Office … Continue reading Lessons Learned from California on Global Privacy Control →
The Data Privacy Framework (DPF) Program is now in effect, replacing the Privacy Shield Program as the mechanism to allow the safe, seamless transfer of personal data from the EU to the U.S in compliance with EU law. In this special edition episode of Privacy Abbreviated, host Dona Fraser is joined by IAPP’s Cobun Zweifel-Keegan … Continue reading Data Privacy Framework (DPF) is Here – Now What? →
This week on Ad Watchers, hosts Dan Range, an attorney at the National Advertising Division (NAD), and Annie Ugurlayan, NAD’s Assistant Director, are joined by Rukiya Bonner, the director of the Children’s Advertising Review Unit (CARU). This unit is a sister organization to NAD under the BBB National Programs umbrella. It exists to help companies … Continue reading A Different Playing Field. How is Advertising to Kids Different? →
In 1974, NAD’s sister program, the Children’s Advertising Review Unit, or CARU, was established to monitor an area of national advertising not covered by NAD: the unique children’s marketplace. CARU’s role? To protect children under 13 from advertising that is misleading, inappropriate, or inconsistent with laws and guidelines. In this episode of Ad Watchers, hosts … Continue reading A Different Playing Field. How is Advertising to Kids Different? →
In this episode of Privacy Abbreviated, hosts Dona Fraser, the SVP of Privacy Initiatives for BBB National Programs, and Jason Cronk, the President of the Institute of Operational Privacy Design, are joined by two guests to discuss the NIST Privacy Framework, developed by the National Institute of Standards and Technology (NIST). Listeners are invited to … Continue reading Episode Show Notes: Business Case for the NIST Privacy Framework →
Discover the NIST Privacy Framework and its adaptable guidelines for effective privacy risk management on Privacy Abbreviated.
Discover the challenges advertisers face when substantiating #1 claims on Ad Watchers. Learn how to handle your advertising claims with care.
Discover the intricacies of supporting #1 claims in advertising and gain insights for effective marketing strategies on this episode of Ad Watchers.
In this episode of Ad Watchers, National Advertising Division (NAD) Assistant Director Annie Ugurlayan and attorney Dan Range are joined by a familiar personality to discuss claim substantiation for green claims. Former Ad Watchers host—and current Legal Director at The Clorox Company—La Toya Sutton, returns to share insight on her approach to ensuring responsible advertising of brands’ environmental impact.
01:45 – Just as our last episode orbited the recently released Health Products Compliance Guidance, Dan and Annie focus this conversation on the Federal Trade Commission’s (FTC’s) document Guides for the Use of Environmental Marketing Claims (“Green Guides”). The guidance covers three areas: universal principles for environmental marketing claims, methods for substantiating and interpreting specific claims, and strategies for qualifying claims to prevent consumer deception.
Annie explains that this guide is under review for the fourth time since its release in 1992. The past revisions were made in 1996, 1998, and 2012. The FTC recently sought feedback on the continuing need for the guides, their economic implications, their impact on the accuracy of environmental claims, and their compatibility with other regulations. They also requested comments regarding the consumer perception of environmental claims, including those not presently covered in the guidelines. Specific terms they expected to hear about were “recyclable,” “organic,” and “sustainable.” The period for public comments closed on April 24, 2023.
06:30 – As an example of the care advertisers must take when making environmental claims, Dan references a case involving Dyper, the diaper brand. A challenge was brought against Dyper’s claim that its product was “biodegradable.” This claim was published on a colored chart on the website that highlighted four biodegradable components of a Dyper diaper.
Though NAD determined that the challenged chart clearly and conspicuously indicated that only certain components of the diaper were biodegradable, they also recognized that the claim could still be misleading as to the ability of those components to degrade in practice. The elements would only degrade under specific conditions which are not always possible to or practical for consumers. So NAD recommended that Dyper’s claim be further qualified to clarify the circumstances in which the components would actually break down.
16:55 – Dan asks La Toya how she works with other departments at Clorox to explain environmental claim substantiation standards and ensure claims are true and not misleading. She highlights the importance of full transparency and communication between departments to avoid deceptive marketing and “greenwashing.” Excited about a new innovation or unaware of the specific connotations of certain words like “green,” “sustainable,” or “eco-friendly,” marketers may accidentally integrate phrases into their claims that aren’t entirely accurate. Keeping the legal team involved in the development process allows them to help identify inaccuracies or areas of improvement early on and reduces the potential for a greenwashed claim.
A 2022 report found that 58% of executives globally and 72% of North American executives admitted their own company has engaged in some form of greenwashing. When companies fail to use effective communication between departments or hold themselves to promises, they are more likely to make false or misleading claims. This causes consumers to lose faith and ultimately hinders meaningful progress. It is crucial for businesses to be transparent regarding their sustainability initiatives and take measures to ensure their commitments are authentic.
Dan closes the episode by pointing listeners to a previous episode for more information on green claims. In Season 2, La Toya and another Ad Watchers alum Eric Unis ask, “How Can You Avoid the Grey Areas of Green Claims?”
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Consumers want to make responsible purchases when they can and, when it comes to helping the environment, that means selecting products that claim to do just that. But can advertisers back up what they claim? And what do advertisers need to think about to do so? Once again the Ad Watchers team tackles green marketing and environmental benefit claims, this time on the heels of the comment window for an update to the Federal Trade Commission’s Green Guides.
In this episode of Ad Watchers, hosts Dan and Annie are joined by an Ad Watchers veteran, La Toya Sutton, now with The Clorox Company, ahead of Earth Day to discuss what’s new in green claims and the in-house perspective on addressing brand claims before they hit the shelves.
For more information about this episode, read the show notes here.
In the first episode of season two of Privacy Abbreviated, Dona Fraser, the SVP of Privacy Initiatives for BBB National Programs, is joined by new cohost Jason Cronk, the President of the Institute of Operational Privacy Design. After introducing Jason, Dona dives into some of the current topics regarding privacy and interviews Jason on his history in the field.
03:20 – When discussing his introduction to the realm of privacy, Jason mentions his early interest in Privacy by Design. The concept was developed in the 1990s to address the increasing effects of technology and large-scale data systems on privacy. It suggests that organizations should prioritize privacy as a default mode of operation rather than solely relying on regulatory frameworks.
Privacy by Design applies to three encompassing applications: IT systems, accountable business practices, and physical design and networked infrastructure. While it can be applied to all types of personal information, it should be applied more rigorously to sensitive data like medical and financial information. The strength of privacy measures is often proportional to the sensitivity of the data.
Ann Cavoukian, Ph.D., developed The 7 Foundational Principles to create actionable steps for this initiative, which dive into how companies should approach keeping user data secure.
08:10 – Jason warns that, in today’s digital age, even small companies can develop apps that become viral sensations overnight. However, with such rapid growth comes the risk of privacy issues. Small companies, especially, may lack the resources and expertise to ensure that their apps are designed with privacy in mind, leaving them vulnerable to breaches and data misuse. As a result, companies of all sizes need to prioritize privacy from the outset, implementing measures such as data encryption, user consent mechanisms, and privacy policies to protect user data and maintain trust in their products.
An app called “Girls Around Me” was created by a Russian developer and allowed users to view the locations of nearby women based on their Foursquare check-ins. The app received criticism for its potential to facilitate stalking and harassment. Eventually, the app was pulled from the market after Foursquare changed its API to prevent third parties from accessing its data. We see here negligence on two ends: Foursquare was irresponsible in its privacy practices, and the developer failed to consider the ramifications of his design.
Though this is an extreme example, privacy infringements are common when data security isn’t thoughtfully considered at every stage of a project. Security should be built in rather than added on after the fact.
17:20 – Regarding current events, Dona asks Jason for his insight on the recent TikTok hearing. The hearing was held on March 23, 2021, by the Senate Subcommittee on Privacy, Technology, and the Law. It focused on TikTok’s data privacy and security practices, particularly concerning its Chinese parent company, ByteDance.
Senators expressed concerns about the possibility of TikTok providing user data to the Chinese government. They questioned the app’s data retention policies, content moderation practices, and data-sharing agreements with third-party companies. TikTok’s witnesses defended the company’s practices, emphasizing that user data is stored in the US and Singapore and that the company has implemented strict data access controls and user privacy protections.
The hearing also addressed TikTok’s potential impact on national security and the need for greater regulation of social media platforms. Senators concluded by calling for more transparency and accountability from TikTok and for greater regulation of tech companies to protect user privacy and prevent foreign influence.
Closing the episode Dona encourages audiences to continue listening throughout the season as she and Jason delve further into the world of privacy, each sharing their insight and expertise on the optimal approaches to data security in an ever-evolving landscape.
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Listen to the full episode here.
Many people think privacy is a narrow lane, but in reality, privacy is so much more. In a world where every business is a global business, the challenges and risks in the privacy space become increasingly complex and intertwined, and the definition of ‘privacy’ itself varies depending on who you speak to. In this episode of Priv, host Dona Fraser interviews our new co-host, Jason Cronk, on how he defines privacy, what drives him, and a little bit about his journey into a career in privacy.
For more information about this episode, read the show notes here.
Now more than ever consumers are paying attention to their health and wellness. Research indicates that consumers see health and wellness as ‘essential-spend categories.’ Not surprisingly, many brands see this as an opportunity to advertise a new product or service that will help a consumer achieve better health. But consumers aren’t the only ones paying attention. The Federal Trade Commission (FTC) is paying attention to the health-related claims brands are making, including the substantiation the advertiser has to back up those health claims.
In this episode of Ad Watchers, hosts Dan and Annie break down the FTC’s new Health Products Compliance Guidance, which outlines how to ensure that claims about benefits and safety of health-related products are truthful, not misleading, and supported by science.
For more information about this episode, read the show notes here.
In the first episode of season 3 of Ad Watchers, Annie Ugurlayan, the Assistant Director at the National Advertising Division (NAD), is joined by new host Dan Range, an attorney at NAD, to dive into the recently updated health product compliance guidance from the Federal Trade Commission (FTC). They touch upon the changes in the updated guidance and provide additional resources for those interested in deepening their understanding of claim substantiation for health-related claims.
- 01:44 – Annie explains that before this newly updated advertising guide, the FTC’s standards were detailed in a document called “Dietary Supplements: An Advertising Guide for Industry.” This guide was published in 1998 in response to a significant increase in the number of dietary supplement products and the uses for which they were promoted. The FTC aimed to answer questions about how policies and enforcement practices related to the new products, particularly in light of the 1994 Dietary Supplements Health and Education Act, which changed the Food and Drug Administration’s (FDA’s) involvement in regulating supplement labeling.
- 02:46 – On December 20, 2022, the FTC released the Health Products Compliance Guidance, replacing the 1998 document. Unlike its predecessor, the new guidance applies to all health-related claims, not just those relating to dietary supplements. This updated document incorporates FTC cases and product innovations from the past 20 years. It provides numerous examples to clarify the level and type of evidence required to substantiate health-related claims. Although much of the guidance remains the same, this update highlights important changes and reiterates significant issues. It serves as a reminder of the FTC’s ongoing monitoring of advertising for health-related products.
- 03:34 – Annie wrote a blog diving into the differences and similarities between the two documents. She explains that—despite the expansion of purview—the heart of the document remains the same. Health claims must be well substantiated with scientific evidence, and the substantiation must be relevant to the specific product. She closes the article with some helpful tips for advertisers: be sure to be laser-focused on the quality of evidence and always scrutinize third-party sources as much as possible. Advertisers are ultimately responsible for anything they say about their product, so the best practice is to go to the furthest lengths possible to ensure the truthfulness and accuracy of each claim.
- 17:02 – When warning advertisers against mischaracterizing health claims, Annie cites Example 48 in The Health Products Compliance Guide, which states, “Advertisers should be careful not to mischaracterize the extent to which a product or claim has been reviewed, authorized, or approved by the FDA.” The example given is a product advertised as “Meeting a FDA Qualified Health Claim.” This is not a widely used term that consumers will recognize or understand. In fact, they may misconstrue the phrasing as one that communicates FDA approval or promotion. It’s not untrue, but it’s misleading nonetheless. Despite the lack of falsities, health claims can still be deceptive to consumers who don’t possess all the necessary information. The burden lies on advertisers to avoid mischaracterization. To do so, they must understand the context in which their audience will be viewing an advertisement and communicate transparently through that lens.
- 22:53 – To advertise responsibly, marketers must be vigilant. They must understand the science behind their health claims and stay aware of new tests with new results. They must be careful about the claims they make and the reviews they publish. Americans spend billions of dollars annually on food and supplements that they hope will improve their wellness. Advertisers have a responsibility to provide consumers with as much transparency as possible to help them make informed decisions about their well-being. The FTC provides blogs and other resources to help advertisers understand this responsibility. Read the FTC’s Health Products Compliance Guidance and supplemental resources, scrutinize every promotion about your product, and do your part to help consumers take care of their health.
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Listen to the full episode here.
00:00 – As business owners, we want our customers to feel seen and heard. We want each customer to connect with us in a meaningful way, regardless of their background or experience. Luckily, there is an easy way to ensure that happens: by creating inclusive messages and advertisements. That is why DEIB efforts are so important. DEIB stands for Diversity, Equity, Inclusion, and Belonging. As companies turn their focus to inclusive messaging in their communications, it has emerged as a cornerstone for business and HR strategies. By being mindful of the language we use and how it’s presented visually, companies have the power to send a message of inclusion and acceptance—something potential buyers will not soon forget!
00:58 – In this episode, Eric Unis, Senior Attorney at the National Advertising Division (NAD), and his colleague Annie Ugurlayan, NAD’s Assistant Director, are joined by Ingrid Otero-Smart, President and CEO at Casanova//McCann. Casanova//McCann is one of the leading Hispanic integrated communications agencies in the U.S. With over 35 years of experience. The company is headquartered in Costa Mesa, CA with offices in NY, Detroit, and Dallas.
01:35 – Eric and Annie begin the episode by discussing a few updates, starting with the Children’s Advertising Review Unit (CARU), which leads the development and ongoing management of advertising guidelines for children under the age of 13. To help businesses and advertisers comply, CARU provides education, one-on-one support, and legal guidance on proper content delivery for an impressionable and vulnerable child audience, data collection guidelines, and more. Recently, CARU made revisions to the guidelines to include diversity and inclusion language into its list of inappropriate advertising, holding advertisers accountable for negative social stereotyping, prejudice, or discrimination.
01:59 – Next, they discuss NAD’s recent announcement about expanding its standards going forward. The National Advertising Division recognizes its responsibility to address advertising that is misleading or inaccurate as a result of negative stereotyping, prejudice, or discrimination, and will begin addressing misleading and harmful stereotypes in advertising.
03:26 – In 2021, The World Federation of Advertisers conducted a global DEI census to examine insights about fairness and sense of belonging for over 10,000 advertising industry professionals in 27 countries. This report stressed the importance of diversity and inclusion in all areas of the marketing industry.
06:54 – Eric then introduces special guest Ingrid of Cassanova//McCann. Interested in Ingrid’s creative process, Eric asks her how she approaches creating authentic communications. She says the key to connection within the Latino community is culturally relevant messaging and an understanding of the different nuances of language.
13:48 – When it comes to advertising and marketing, it’s important to consider the cultural context of the audience that you’re trying to reach. What might be regarded as funny or clever in one culture could be offensive in another. In order to create effective and culturally relevant messaging, it’s imperative to understand the nuances of language and how they can be interpreted.
15:32 – Ingrid also adds that she does not want to reinvent people’s brands. Instead, she says, the goal is to take the brand, and reshape the messaging to make it more relevant to their target market.
18:59 – Eric takes this opportunity to ask Ingrid how new media has changed her work. Ingrid responds by explaining that the changes in media have come with challenges, but her focus is largely to make it easier to communicate with others and have fun with the messaging. Though the ever-changing sphere of digital media presents new hurdles, it also allows for low-cost iterations of digital advertisements and options for non-profits to promote themselves at no cost on social media. She also notes that her team relies on deeper demographic and psychographic data than they previously would.
20:47 – The hosts end the show with a final question: What trends regarding DEIB should we be looking out for? Ingrid responds stating that diverse hiring is something she looks out for. Recruiting a diverse team can help advertising agencies improve their messaging and stay ahead of trends by bringing in people with different backgrounds and perspectives. It can also give them a competitive edge in the marketplace. In fact, businesses that embrace gender diversity may be 21% more likely to outperform others on profitability. Diversity can help agencies create more innovative and effective campaigns, as well as better understand the changing demographics of their customers.
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As the expectation for representation has continued to rise, advertisers are turning to Diversity, Equity, Inclusion, and Belonging (DEIB) efforts to ensure everyone feels seen. NAD recognizes the significance of authenticity in these diverse depictions and will be enforcing new standards to hold companies accountable when they endorse harmful stereotypes in their advertisements.
Hosts Eric and Annie are joined by Ingrid Otero Smart to discuss the secret to avoiding typecasts and tokenism when depicting diverse cultures. Listen now to understand the key components of a truly inclusive DEI campaign.
For more information about this episode, read the show notes here.
00:00 – In episode five of Privacy Abbreviated, hosts Dona Fraser, Senior Vice President of Privacy Initiatives at BBB National Programs (BBB NP), and Arlo Gilbert, the CEO and founder of Osano, sit down to discuss data privacy measures among health apps. They’re joined by Tsimafei Savitski, Chief Legal Compliance Officer of the female health and wellness app Flo and Roman Bugaev, Chief Technology Officer of the app.
00:50 – The hosts open this episode by discussing the connection between HIPAA law and wellness apps. There are now a plethora of apps available that track everything from steps taken to calories burned to hours slept. While these apps can be extremely helpful in maintaining one’s health, the data collected by these apps are not covered by HIPAA law. This means personal information is not protected from being accessed and used without the user’s consent. This is a major concern for privacy advocates, who worry that the data could be used to discriminate against users or deny them insurance coverage. Even if the data is anonymized, there is still a risk that it could be used to identify individuals. For now, it is best to use caution when sharing health data through apps. Arlo then discusses the American Data Privacy and Protection Act (ADPPA) in the conversation, noting that the act may resurrect in 2023. The ADPPA is a bill that would create national standards and safeguards for personal information collected by companies, including protections intended to address potentially discriminatory impacts of algorithms. Although Congress is unlikely to enact the bill between now and the end of the year, the ADPPA represents progress toward a comprehensive data privacy law in the United States.
01:33 – The Federal Trade Commission (FTC) has stated its intention to broadly interpret the HIPAA Breach Notification Rule. HIPAA’s Breach Notification Rule requires covered entities to notify patients when their unsecured protected health information (PHI) is impermissibly used or disclosed—or “breached,”—in a way that compromises the privacy and security of the PHI. An impermissible use or disclosure of PHI is presumed to be a breach unless the covered entity demonstrates that there is a “low probability” that the PHI has been compromised.The growing necessity of revisiting the HIPAA Breach Notification Rule and the ADPPA is brought on by resurfacing conversations regarding consumers having more control over their personal data when using apps. In this episode, our hosts and guests discuss the relevance of these two mandates in pertinence to how sensitive personal health data is stored and maintained.
02:10 – After a brief discussion of these mandates, Roman shares some information about the female health and wellness app Flo. What started in 2015 as an app that allows women to track their ovulation cycles, has evolved into a thriving platform with personalized health insights, virtual dialogs, and dozens of courses to learn how your cycle affects your body and well being. The FTC had investigated Flo regarding claims that Flo was not upholding its stated data collection and sharing promises. A recent independent audit found that Flo’s policies and handling of personal data are consistent with its publicly stated privacy policy.
09:09 – Dona then proposes a question about the process of deleting personal data – can users request to have their data deleted? According to Roman, Flo maintains the highest possible standards with respect to all the data that they process, and users are able to simply request the deletion of their personal data if they wish. Roman also adds that Flo contains the users’ data worldwide, even though their infrastructure is located within the United States. As such, the company relies on cloud providers to store its data. Cloud providers are able to store data in multiple locations, making it easier for app developers to comply with data privacy regulations. In addition, cloud providers typically have sophisticated security systems in place to protect user data. As a result, outsourcing data storage to a cloud provider can be an effective way to collect and store data from users internationally.
25:26 – Roman explains that going forward, Flo will continue to carry out innovative privacy practices by encrypting data and performing regular third-party audits. Tsimafei agrees, saying that their goal is to be an example to other businesses in the industry. Flo made waves in the summer when it announced “anonymous mode,” an option for users who don’t want their data connected to their person. By stripping anonymous users of identifiers like IP address, email, or username, the accounts become unidentifiable by Flo and any third parties. At the moment, the setting is not default because it does have downsides that affect personal usability. Users in anonymous mode can’t track their data across multiple devices, and if their device is lost or stolen, the information can’t be recovered. However, Roman hopes to one day be able to make anonymity the default as the Flo team continues working to make their app more secure.
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Every day, we count steps with fitness trackers, log weight and diet information into apps, and share personal health information on platforms not covered by the Health Insurance Portability and Accountability Act (HIPAA). When we do so, how is that information we input collected, safeguarded, and shared online, and who carries the burden of privacy protection?
In this week’s episode of Privacy Abbreviated, host Dona Fraser and new host Arlo Gilbert are joined by Tsimafei Savitski, Chief Legal Compliance Officer, and Roman Bugaev, Chief Technology Officer of Flo, an app designed to track ovulation cycles. Due to the nature of the app, users are asked to share detailed information about their health and wellness, and Flo is well aware of this sensitivity. Listen now to hear how the Flo team is raising the bar for privacy by upholding anonymity on their platform.
For more information about this episode, read the show notes here.
00:00 – In episode four of Privacy Abbreviated, hosts Rebecca Knight, Policy Council for Privacy Initiatives at BBB National Programs, and Catherine Dawson, General Counsel and Chief Privacy Officer of Osano, sit down to discuss The EU-U.S. Privacy Shield frameworks.
01:30 – In this episode, they are joined by guest Cobun Zweifel-Keegan, managing director of the Washington DC office of the International Association of Privacy Professionals (IAPP). IAPP is a resource for professionals who want to develop and advance their careers by helping their organizations successfully manage these risks and protect their data. In fact, they’re the world’s largest and most comprehensive global information privacy community.
02:23 – To start the episode, Rebecca introduces the background of EU data transferring and how it’s developed over time. She begins by explaining the role of transfer mechanisms. Under the GDPR, there are essentially three main transfer mechanisms organizations can use to transfer the personal data of EU citizens to other countries. These mechanisms are binding corporate rules or BCRs. Corporations use these internally through standard contractual clauses or SCCs and adequacy. Adequacy is considered the gold standard of transfer mechanisms, and only about a dozen countries have received this recognition thus far, including the U.S..
03:09 – Rebecca also further explains the context of adequacy, a formal decision made by the EU, which recognizes that another country provides an equivalent level of protection for data, data privacy, or personal data as the EU does. Rebecca then informs listeners of the five steps required to achieve adequacy:
- The EU Commission needs to draft an adequacy decision. This draft decision is provided to the European Data Protection Board (EDPB) for review.
- The EDPB reviews the draft adequacy decision and issues.
- The European Parliament takes that draft adequacy decision and then adopts a non-binding resolution on its position about the decision.
- 55% of the EU member states representing 65% of the total EU population must approve the adequacy decision.
- If approval goes through, the determination of adequacy is adopted and takes effect immediately.
04:54 – Rebecca then notes that most privacy professionals expect to see the new framework take effect in March 2023.
08:27 – Catherine then asks Cobun if he thinks the executive order addressed the concerns in Schrems II and will adequacy be granted. Cobun replies stating that the review was very comprehensive and succinct. He adds that he feels the U.S. executive branch has tried to be very creative in building a mechanism that would exercise as much independence as possible while still flowing from different areas of power within the executive branch.
10:49 – Catherine follows his thoughts by asking:
- Assuming adequacy is granted, do we expect it to be challenged?
- What should business leaders think about regarding how comfortable they should feel relying upon it?
11:17 – Cobun responds by saying companies should be prepared to adopt these laws as absolute and that there will be a legal mechanism for transferring data from the EU to the U.S., assuming that that adequacy is granted. He also notes that while these decisions on adequacy should be applicable internationally, they are quite broad, and the U.S. has a different definition of adequacy.
11:57 – Furthermore, in the U.S. case, there’s a voluntary mechanism represented by the Privacy Shield certification framework. This framework requires U.S. companies to commit to protecting individuals’ privacy. Once the commitments are made, they are enforced by U.S. law since they’re publicly enshrined in their privacy policies and, therefore, enforceable by the Federal Trade Commission. Cobun concludes this point by stating that businesses are held to them once a commitment is made, whether or not there’s an adequacy decision in place.
17:46 – Catherine then asks Cobun whether or not businesses should self-certify under the Privacy Shield. Cobun answers Catherine by stating that while there is no particular advantage for a company to apply for certification early, it is an appropriate and practical step. He adds that because so many businesses will be applying early, there will essentially be a “line” that’s created. Because this will impact the speed of responses to companies and take considerable time to process, Cobun says businesses might as well self-certify now.
19:27 – Catherine asks Rebecca if she has any advice for companies. Rebecca suggests the best thing for companies to do is to reach out to their IMS and stay up to date on what’s going on and what processes are happening regarding Privacy Shield.
29:30 – To close the interview, Catherine asks Cobun and Rebecca how businesses should best prepare for this update. Cobun responds by saying that he believes there will likely be some scrutiny regarding data transfers that are transmitted to or take place outside the EU’s non-allied territories. He also believes that legislative advancements could potentially shift commercial practices within the U.S.. Rebecca adds that businesses should speak with their IRM and be prepared to move as quickly as possible due to the immediate enactment of this legislation once an adequacy decision is reached.
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On October 7, the negotiations between the U.S. and European Commission regarding the future of the data privacy frameworks behind the Privacy Shield program were completed with the release of a Presidential Executive Order, passing the baton to the EU for the start of their adequacy process. Finally, after two years of limbo, the 5,000 businesses that … Continue reading The Future of EU-U.S. Data Transfers →
0:00-1:26 This Ad Watchers episode provides insight into “Dark Patterns.” Coined by Harry Brignull in 2010, the term “dark patterns” is used to describe design practices that trick or manipulate users into making choices they would not otherwise have made, and that may cause harm. Eric Unis, Senior Attorney at the National Advertising Division (NAD), … Continue reading Episode Show Notes: Where is the Line Between Ethical Design and Dark Patterns? →
0:00-1:26 This Ad Watchers episode provides insight into “Dark Patterns.” Coined by Harry Brignull in 2010, the term “dark patterns” is used to describe design practices that trick or manipulate users into making choices they would not otherwise have made, and that may cause harm. Eric Unis, Senior Attorney at the National Advertising Division (NAD), … Continue reading Episode Show Notes: Where is the Line Between Ethical Design and Dark Patterns? →
Think about the times you felt tricked or frustrated by a membership or subscription that had a seamless signup process but was later difficult to cancel. Something that should be simple and transparent can be complicated, intentionally or unintentionally, in ways that impair consumer choice. These are examples of dark patterns. Unfortunately, dark patterns are … Continue reading Where is the Line Between Ethical Design and Dark Patterns? →
The metaverse is still a bit of a mystery. Though it will soon begin to integrate physical and virtual worlds, no one has the answers as to exactly what that merge will look like. On this episode of Privacy Abbreviated, hosts Dona and Catherine are joined by Tracy Shapiro, a privacy expert, and partner at … Continue reading The Metaverse Will Blur the Lines Between Physical and Online Privacy →
00:00 – This Ad Watchers episode provides insight into BBB National Program’s Direct Selling Self Regulatory Council (DSSRC) and how it works within the direct selling industry. Eric Unis, Senior Attorney at the National Advertising Division (NAD), and his colleague Annie Ugurlayan, NAD’s Assistant Director, are joined by guest Peter Marinello, the Vice President of … Continue reading Episode Show Notes: How is Direct Selling Advertising Different? →
00:00 – This Ad Watchers episode provides insight into BBB National Program’s Direct Selling Self Regulatory Council (DSSRC) and how it works within the direct selling industry. Eric Unis, Senior Attorney at the National Advertising Division (NAD), and his colleague Annie Ugurlayan, NAD’s Assistant Director, are joined by guest Peter Marinello, the Vice President of … Continue reading Episode Show Notes: How is Direct Selling Advertising Different? →
For years, the direct selling industry carried a stigma of frauds and pyramid schemes, but in 2019, the Direct Selling Association decided to take control of its reputation. They enlisted the help of BBB National Programs to develop a self-regulatory program. From this partnership came the Direct Selling Self-Regulatory Council (DSSRC). In this episode of … Continue reading How is Direct Selling Advertising Different? →
For years, the direct selling industry carried a stigma of frauds and pyramid schemes, but in 2019, the Direct Selling Association decided to take control of its reputation. They enlisted the help of BBB National Programs to develop a self-regulatory program. From this partnership came the Direct Selling Self-Regulatory Council (DSSRC). In this episode of … Continue reading How is Direct Selling Advertising Different? →
Show Notes: The Good, the Bad, and the Grey of Targeted Advertising 00:00 – In episode two of Privacy Abbreviated, hosts Dona Fraser, Senior Vice President of Privacy Initiatives at BBB National Programs, and Catherine Dawson, General Counsel and Chief Privacy Officer of Osano, walk listeners through how to target responsibly. Some consumers love … Continue reading Episode Show Notes: The Good, the Bad, and the Grey of Targeted Advertising →
As a consumer, do you see value in targeted advertising or are you creeped out by marketers tracking you across the internet? In this episode of Privacy Abbreviated, hosts Catherine and Dona are joined by the host of the MarTech Podcast and founder of I Hear Everything, Ben Shapiro. Together, they discuss how small and … Continue reading The Good, the Bad, and the Grey of Targeted Advertising →
When you hear a claim in an advertisement like, “best in the world,” you probably know that the product has not been measurably proven to actually be the best in the world. And that’s okay, because this is an example of puffery, an exaggerated, blustering, or boastful statement or general claim that could only be … Continue reading Revisiting the Best Podcast Episode Ever: What is Puffery? →
For the fifth episode of season two, hosts Eric Unis and Annie Ugurlayan reintroduce a fan favorite episode from season one. In this episode Eric makes his Ad Watchers debut as a guest, joining hosts Hal Hodes and La Toya Sutton to discuss puffery. There is no universal definition for this term, but La Toya … Continue reading Episode Show Notes: Revisiting the Best Podcast Episode Ever: What is Puffery? →
Ad Watchers’ episode four of season two provides advertisers insights into presenting evidence to support a claim at NAD. Eric Unis, Senior Attorney at the National Advertising Division (NAD), is joined by colleague Annie Ugurlayan, NAD’s Assistant Director, to walk listeners through what to expect when presenting a claim substantiation case. Annie begins by explaining … Continue reading Episode Show Notes: How Should You Present Scientific Evidence to Support Your Ad Claims? →
Understanding how to present scientific evidence in a substantiation case can be difficult, especially when the data is complex or no industry standard exists. In this episode of Ad Watchers, the hosts discuss a complex topic: how should marketers put scientific data to use? They answer this question by diving into different types of scientific … Continue reading How Should You Present Scientific Evidence to Support Your Ad Claims? →
The Accountability Studios formally presents BBB National Programs (BBB NP) and Osano’s new podcast, Privacy Abbreviated—helping business leaders manage and prepare for the future of privacy. In its first episode, hosts Dona Fraser, Senior Vice President of Privacy Initiatives at BBB National Program, and Catherine Dawson, General Counsel, and Chief Privacy Officer of Osano, introduce … Continue reading Episode Show Notes: The State of Privacy: How Did We Get Here? →
Looking back even just five years ago, the privacy landscape looked nothing like it does today – there was no General Data Protection Regulation (GDPR), no California Consumer Privacy Act (CCPA), and the demands on businesses were much different. In the first episode of Privacy Abbreviated, hosts Catherine Dawson and Dona Fraser are joined by … Continue reading The State of Privacy: How Did We Get Here? →
BBB National Programs is pleased to introduce Privacy Abbreviated. Hosted by privacy experts Dona Fraser and Catherine Dawson, this new podcast series will discuss the impact of privacy laws and tech innovation on small and medium-sized companies and what business leaders can do to meet challenges in this evolving landscape. As we gear up for … Continue reading Introducing Privacy Abbreviated: Meet the Hosts →
Ad Watchers’ episode three of season two provides insights into what advertisers should consider before making cosmetic claims. Eric Unis, Senior Attorney at the National Advertising Division (NAD), is joined by colleague Annie Ugurlayan, NAD’s Assistant Director, to walk listeners through the various cosmetic claims they encounter at NAD. Both experts provide an in-depth summary … Continue reading Episode Show Notes: What Should You Consider Before Making Cosmetics Claims? →
The cosmetics industry is booming and it is easy to see why: most people want to look younger, reduce the appearance of wrinkles, and feel like they are taking care of their skin. But just like claims for dietary supplements, beauty product claims must be truthful, not misleading, and require substantiation. In this episode of … Continue reading What Should You Consider Before Making Cosmetics Claims? →
Ad Watchers season two is underway. In this second episode of the season, hosts La Toya and Eric are joined by a special guest, Professor Joel Steckel. Professor Steckel is a Marketing Professor at the Stern School of Business at New York University and the Vice Dean for Doctoral Education. He joins in on a dynamic … Continue reading Episode Show Notes: How to Get Consumer Perception Surveys Right? →
Consumer perception surveys are notoriously difficult to get right – from what you ask, to who you ask, to how you ask it, there is a lot of room for things to go wrong. In this episode of Ad Watchers, hosts provide an overview of some of the biggest points to consider when creating consumer … Continue reading How to Get Consumer Perception Surveys Right? →
Accountability Studios presents season two of Ad Watchers—a unique podcast series brought to you by the National Advertising Division (NAD) of BBB National Programs, a team with 50 years of experience investigating and resolving disputes over the truthfulness and accuracy of national advertising campaigns. In the season’s first episode, La Toya and Eric walk listeners through environmental … Continue reading Episode Show Notes: How Can You Avoid the Grey Areas of Green Claims? →
In this episode of Accountability Studio, Mamie Kresses, Vice President of the BBB National Programs Children’s Advertising Review Unit (CARU), moderated a discussion on Safe Harbor with special guests. Sheila Millar, a partner at Keller and Heckman, and Daniel Kaufman, partner at the law firm Baker Hostetler joined this episode to engage in an … Continue reading Episode Show Notes: COPPA Questions: Are Safe Harbors Effective? →
Any sort of advertising claims related to health or wellness have a special place within advertising claims substantiation: all advertising claims need a reasonable basis, but when it comes to health claims, that reasonable basis has to be competent and reliable scientific evidence, or CARSE. This means that the results of any study done should … Continue reading What Evidence Do You Need to Support Health Claims? →
In this episode of The Accountability Studio, host Cobun Zweifel-Keegan is joined by two industry professionals for a deep-dive into one company’s innovative approach to data privacy, accountability, and trust. Listen in to hear Josh Harris, BBB National Programs’ Director of Global Privacy Initiatives, and Harvey Jang, Vice President and Chief Privacy Officer at Cisco … Continue reading Data Privacy Accountability in Practice: A Case Study of Cisco →
In the increasingly digital landscape, the influence of word-of-mouth has gone viral. Before making a purchase, consumers frequently turn to a product or service’s reviews and ratings. Since consumers trust what other consumers have to say, brands want to leverage these voices—but are they responsible for them? In this episode, Hal and La Toya explore … Continue reading When Are Advertisers Responsible for Consumer Ratings and Reviews? →
Despite this generation’s comfort navigating digital spaces today, they still face the same cognitive limitations – and therefore, vulnerabilities – that they always have. This reality is just one of the reasons that BBB National Programs’ Children’s Advertising Review Unit (CARU) recently issued revised guidelines to assure that advertising directed to children is not deceptive, unfair, or … Continue reading What Do CARU’s Revised Guidelines Mean for Advertisers? →
When you hear a claim in an advertisement like, “best in the world,” you probably know that the product has not been measurably proven to actually be the best in the world. And that’s okay, because this is an example of puffery, an exaggerated, blustering, or boastful statement or general claim that could only be … Continue reading The Best Podcast Episode Ever: What is Puffery? →
In this episode of The Accountability Studio, Moderator Cobun Zweifel-Keegan, Deputy Director of Privacy Initiatives at BBB National Programs, is joined by two industry professionals for an informative conversation on the cross-border privacy rules (CBPR) system, a voluntary framework with a global impact. BBB National Programs Director of Global Privacy Initiatives Josh Harris, and Sam … Continue reading The Past and Future of Privacy Accountability: Is CBPR a Model? →
When you see an advertisement, you are likely taking in much more than just the words you are presented with. The visuals, sounds, and way the language is presented can all impact the implied messages that consumers take away. In general, advertisers are required to have a reasonable basis for all messages conveyed, whether express … Continue reading How Do We Step into the Shoes of the Consumer? →
While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. … Continue reading What’s the Recipe for a Proper Advertising Disclosure? →
Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer … Continue reading What Does it Mean to Have a “Reasonable Basis” Standard? →
In the inaugural episode of The Accountability Studio, moderator Mary Engle, Executive Vice President, Policy poses a fundamental question to the leadership of BBB National Programs: Does independent, industry self-regulation really work? Program leaders responded with an empathic ‘yes,’ but also laid out the numerous factors that can contribute to the success or failure of … Continue reading With Great Power Comes Great Responsibility →
In the Ad Watchers podcast series, National Advertising Division (NAD) attorneys Hal Hodes and La Toya Sutton break down common advertising practices to reveal the complexity of keeping claims truthful and accurate. In this first episode, the hosts talk about the guiding principle behind all NAD decisions: consumer understanding. Hal and La Toya discuss what … Continue reading So, Who’s Making These Advertising Rules? →
Many privacy professionals see the depletion of third-party cookies, paired with several technological, political, and cultural factors, as the perfect storm for privacy and adtech – one that will bring about fundamental changes to the advertising industry and the broader digital marketplace. In this episode, Colin O’Malley, Founder of the Lucid Privacy Group, Christy Harris, … Continue reading The Perfect Storm for Privacy and Adtech: How the End of the Cookie Era Will Reshape the Digital Marketplace →
As the COVID-19 pandemic has heightened the digital environment, online engagement has increased across user demographics. In this episode, authors of the BBB National Program’s paper Risky Business: The Current State of Teen Privacy in the Android App Marketplace join us to provide insight into the importance of protecting teenage users. Listen in to hear … Continue reading Why Teens Need Unique Privacy Protections →
When speaking about the importance of the Direct Selling Self-Regulatory Council’s (DSSRC) recently published guidelines, President of the Direct Selling Association Joe Mariano said, “It’s time not just for evolution, but revolution.” In this episode, Joe Mariano speaks with Tom Cohn, Interim General Counsel and Corporate Secretary of New Avon, Brian Muir, Vice President and Head of … Continue reading Time for Revolution in the Direct Selling Industry →
. Joe Rohrlich, Chief Revenue Officer at Bazaarvoice, breaks down the power of reviews in this week’s podcast. From explaining the digital landscape that incites a sense of urgency for businesses to have ratings to the lasting negative impact fake reviews can have on a companies revenue and reputation, Rohrlich provides insight that you won’t … Continue reading The Confidence and Perception Behind Online Reviews →
How close are we from entering into a world where cash is no longer accepted? Do we truly understand the benefits and implications of completely going cashless and relying solely on financial transactions that are intimately connected with our data? Dr. Shelle Santana, Associate Professor at the Harvard University Business School, answers these questions and … Continue reading A Cashless Future →
After years of debate, discussion, and revisions, the California Consumer Privacy Act (CCPA) — a law that gives consumers a wide range of rights and creates a series of obligations for businesses — finally began enforcement on July 1st. Cobun Zweifel-Keegan, Deputy Director of BBB National Programs’ Privacy Initiatives, joined Julian Flamant, Associate at Hogan … Continue reading CCPA Enforcement Begins: What We’re Learning →
COVID-19 has left millions of Americans unemployed and seeking new solutions to help them navigate the tough road ahead. Some have turned to the direct selling industry, chasing claims of financial freedom. Peter Marinello, Direct Selling Self-Regulatory Council (DSSRC) Vice President, and Howard J. Smith, one of the DSSRC’s attorneys, help us explore the unique world … Continue reading Direct Selling in the Age of a Pandemic →
Philip Garrity, Editor of The Freelancer, stops by to explain the complexity of the California AB5 law. It said to protect gig workers. However, the very people it’s meant to guard say, “No, thanks!” Is the help required to keep the gig economy and its workers safe? Hear what Philip has to say.
The side hustle has evolved into the full-blown, full-time gig economy. How, where, and when they work is all in the gig worker’s hands. However, the state of California believes help is required in ensuring this remains the case. Philip Garrity, Editor of The Freelancer, stops by to explain. Get a sneak peek of the … Continue reading Preview: Does the Gig Economy Require Regulation? →
Look back six months, and none of us would have guessed we’d have to manage a pandemic. One thing we can learn from this is that being prepared for any surprise is imperative. Bob Mellinger of Attainium Corp shares insights on how to plan for the unexpected. Don’t miss his timely advice.
Businesses have learned over the last couple of months to expect the unexpected. So, how do you plan for the unknown? Attainium Corp’s CEO, Bob Mellinger, shares all that is involved in planning well. Preview a clip from the up and coming May 27th episode.
Conversations have sparked around data regulation and privacy in direct correlation to how it’s being used to provide insights about the impact of COVID-19. Location data is a big focus. Recently, the Senate conducted an unprecedented ‘paper hearing’ of which the Future of Privacy Forum (FPF) weighed in. Katelyn Ringrose, Policy Fellow of FPF, discusses all the … Continue reading Privacy in the Face of COVID-19 →
Political advertising and trust? They should go hand and hand. Now, to address this elephant in the room, BBB National Programs’ Digital Advertising Accountability Program (DAAP) launched the new Political Advertising program. We can all breathe a sigh of relief, knowing that the BBB National Programs’ DAAP will be monitoring the transparency of political advertising … Continue reading American Election Law Equals Transparency →
In a world where distance is encouraged, is AI the answer to help move hiring forward? It seems like that question has already been answered. Major corporations like Hilton, AT&T, and Capital One have been building their HR with the assistance of AI technology. One small glance to the left, and it could mean the … Continue reading Can AI Help Keep Companies Hiring? →
There is no slowing down in data breaches. That is clear. Businesses have a responsibility to stay informed on the latest trends and news regarding data security. Eva Velasquez, CEO of The Identity Theft Resource Center gives us a birds-eye view of current happenings and what to expect in this new landscape of digital warfare.
Remember the classic cartoon, Tom and Jerry? Consider digital advertisers as Tom and consumers like Jerry. Every time digital marketers think they’ve found the perfect plan to sell consumers on their every desire, Jerry slams the door right on Tom. How? With adblocking! Will this game of cat and mouse end? Well, Neal Thurman, Director … Continue reading The Ad Blocker →
Hidden fees aren’t just a consumer issue – it’s a problem for businesses as well. The inability to play fair or advertise honestly eventually impacts the reputation of a company, and many times, industries as a whole. Anna Laitin, Director of Financial Policy at Consumer Reports, gives us an inside look at how they’re tackling … Continue reading Hidden Fees Brought to Light →
We’ve sliced and diced the California Consumer Privacy Act (CCPA) into a four-course meal fit for any data king or queen. As a belated Valentine’s Day gift to our loyal listeners, James, our host, serves up the dessert round of our CCPA discussions where he offers some new updates alongside a look back at all … Continue reading Looking Back at CCPA →
As the automotive industry drives us forward into autonomy, how does this impact data collection and privacy? John Verdi, VP of Policy at Future of Privacy Forum talks about the past, present, and future of data privacy and regulation for connected cars on this week’s episode. Enjoy the ride!
The California Consumer Privacy Act (CCPA) is here and it’s now! January 1st marked a dawn of a new day for companies doing businesses in California or with California residents. Does your business truly have a handle on what all this means? Christian Auty, Attorney with Bryan Cave Leighton Paisner, LLP shares some great nuggets … Continue reading CCPA is here. What does it mean for businesses? →
To continue our #dataprivacyday conversations, Jon Brescia, VP of BBB NP Digital Advertising Accountability Program and Cobun Zweifel-Keegan, Deputy Director of BBB NP Privacy Initiatives give us a full download of CCPA and how the rest of the country will follow suit. Don’t miss out!
Certain online platforms are required by COPPA law to screen users’ age. Is your platform one that should be? What are the specifics mandated by this law? Find out how this multi-faceted regulation affects your business as we explore this topic with Dona Fraser, VP, and Angela Tiffin, Senior Attorney at the BBB NP’s Children’s … Continue reading Age Ain’t Nothing but a Number. Or is it? →
We are on the brink of a whole new era of aviation. Our skies are bound to be buzzing with drones in the coming years. Matt Scassero, Director of UMD UAS Test Site, and Miriam McNabb, Editor in Chief of DroneLife.com spark up a great discussion on the future of the drone industry and its … Continue reading Drones: Safety and Privacy →
Pretty soon we’ll be flyin’ high with drones in our skies. This exploding technology is the fastest-growing industry of new aircraft in the history of aviation. What does this mean for all of us down below? Find out on this fascinating episode as we talk about the future of drones with Sharon Rossmark, CEO of … Continue reading Regulation of the Skies →
Happy New Year! New beginnings bring new trends. In this episode, we weigh in on what to expect for 2020 in business and our marketplace. We cover the gamut from self-driving cars to how the CCPA law will continue to change the landscape of data collection. Join us for a quick stroll through what to expect as we begin again in 2020!
Happy Holidays and Merry Christmas. With only a few days away from 2020, let’s sum up our 2019. We do so with a “Wow!” From Beautycounter’s ability to rally over 3,000 voices on Capital Hill demanding regulation in the beauty industry, to watching each of the five big technology giants cross data privacy and protection lines, 2019 seemed to have been a nail biter. We have your recap right here!
More than ever, consumers are motivated by what their favorite influencers are endorsing through their social media channels. In this episode, Pam Deese, attorney of Arent Fox, walks us through what it means to hold the torch of influence in today’s digital world. Be sure to tune in!
Third-party cookies are a marketer’s dream come true! But as consumer consent takes priority, businesses need to make sure they’re not caught with their hand in the cookie jar. Pete Spande, Publisher of Business Insider, and Dave Grimaldi, Executive VP of Interactive Advertising Bureau (IAB), talk us through what this means for the digital marketing world. Take a listen!