Tag Archives: BBB National Programs

Expanding Knowledge of Soft Law – What is CISR?

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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.

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5 Years of SWIFT – Does it meet the need for speed?

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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.

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[REPLAY] Launching 2025: Global CBPR Forum

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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 Ad Law Trend Report – What were 2024’s hot topics and trends?

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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

COPPA 3.0? Privacy Updates for Kids, Tweens and Teens

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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.