Live From DMA09: New Ethics Guidelines for Behavior, Mobile Marketing

The Direct Marketing Association has updated its ethics guidelines for online behavior and mobile marketing practices. Adherence to the new guidelines, which were approved by the DMA’s board, is mandatory for DMA membership.

Highlights of the new rules governing online behavior advertising include:

Web site visitors should be provided with be given easy to find, read and understand notice when information is collected from or used on a Web site, or a series of Web sites, for online behavioral advertising purposes. The notice should include any third parties’ policies for online behavior advertising.

The third parties themselves should provide notice in one of the following ways:

Through a clear, meaningful, and prominent link described in or near the advertisement delivered on the Web page where information is collected;

By linking to a DMA-approved Web site, such as http://www.dmachoice.org, which clearly states that information is being collected for online behavioral advertising purposes;

On the Web page where the information is collected if there is an arrangement with the website operator for the provision of such notice;

Or, if agreed to by the operator of the Web site(s), on its Web page disclosing notice and choice regarding information collected for online behavioral advertising purposes.

Online behavior advertising service providers that collect and use information across multiple Web sites must get a consumer’s consent before engaging in behavior-based advertising, and should include an easy method for consumers to withdraw their consent.

The ethics guidelines section governing mobile marketing has also been revised. Among the essential elements:

Notice regarding consumer preferences should be provided in the privacy policy of the mobile marketer.

Mobile marketers should use the appropriate suppression files (DMA wireless lists, federal do-not-call registry) to ensure they are not contacting those numbers.

Guidelines are provided for location-based marketing messages, mobile subscription services and mobile premium-rate products and services. Additionally, the document includes reminders to adhere to the Children’s Online Privacy Protection Act and to ensure appropriate prior express consent from parents and to provide opportunities for the parent to opt out.

The complete DMA ethics guidelines are available at http://wwdmaresonsibilty.org, under the DMA Ethics Guidelines section. The guidelines will be enforced by DMA’s Committee on Ethical Business Practices through its casework process, as well as through complaint monitoring and other collaborative efforts to track compliance.