NETWORK ADVERTISING INITIATIVEPub 78
Pub 78
Programs
Program 1 [2020]
AFTER SEVEN YEARS OF HOSTING ITS ANNUAL IN-PERSON SUMMIT AT LOCATIONS THROUGHOUT THE UNITED STATES, THE PUBLIC HEALTH CRISIS OF 2020 FORCED THE NAI TO HOLD ITS 2020 SUMMIT VIRTUALLY. THROUGH A SERIES OF VIRTUAL EVENTS, NAI PROVIDED ITS MEMBER COMPANIES WITH THE LATEST INFORMATION ON EMERGING TECHNOLOGIES, REGULATORY AND LEGISLATIVE TRENDS, AND EMERGING BUSINESS MODELS, AS WELL AS THE PRIVACY IMPLICATIONS OF THE COVID-19 PANDEMIC.SIX NEW MEMBER COMPANIES JOINED THE NAI IN 2020, DESPITE ECONOMIC UNCERTAINTY RELATED TO THE GLOBAL PANDEMIC. THE NAI WEBSITE SAW ROBUST GROWTH IN CONSUMER ENGAGEMENT, WITH OVER SIXTEEN MILLION VISITS TO THE NAI OPT-OUT PAGE, AND NEARLY THREE MILLION VISITS TO THE NAI HOMEPAGE, AS WELL AS A SIGNIFICANT INCREASE IN VISITS TO THE NAI'S EDUCATIONAL MATERIALS.THE NAI COORDINATED SEVERAL WORKING GROUPS TO DISCUSS CODE UPDATES, EMERGING PRIVACY AND TECHNOLOGY ISSUES AND PRIVACY REGULATION AND LEGISLATION, INCLUDING THE USE OF PRECISE LOCATION DATA, INTERNATIONAL LEGISLATIVE AND REGULATORY DEVELOPMENTS, AND THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA). IN SEPTEMBER 2020, THE NAI PUBLISHED GUIDANCE FOR NAI MEMBER COMPANIES ABOUT MANAGING COMPLIANCE RISKS WHILE ACTING AS A CCPA "SERVICE PROVIDER, AND IN OCTOBER 2020, THE NAI PUBLISHED A WHITE PAPER FOR DIGITAL MEDIA PUBLISHERS AND ADVERTISERS SEEKING TO ENGAGE AD TECH COMPANIES AS SERVICE PROVIDERS.THE NAI'S PRESIDENT & CEO, LEIGH FREUND, PROVIDED TESTIMONY IN APRIL 2020 BEFORE THE SENATE COMMERCE COMMITTEE ON ENLISTING BIG DATA IN THE FIGHT AGAINST COVID-19. THE NAI SUBMITTED MULTIPLE SETS OF COMMENTS TO THE CALIFORNIA ATTORNEY GENERAL LEADING UP TO THE IMPLEMENTATION OF THE CCPA, AND ON ADDITIONAL DRAFT MODIFICATIONS LATER PROPOSED TO FURTHER AMEND THE REGULATIONS AFTER THEY BECAME EFFECTIVE.THE NAI CONTINUED TO DEMONSTRATE ITS LEADERSHIP AS A FOUNDING MEMBER OF THE PRIVACY FOR AMERICA COALITION, WHICH WORKS WITH CONGRESS AND VARIOUS STATE LEGISLATURES TO SUPPORT ENACTMENT OF COMPREHENSIVE CONSUMER DATA PRIVACY AND SECURITY LEGISLATION, AND AS A FOUNDING BOARD MEMBER OF THE COALITION FOR BETTER ADS, WHICH IMPLEMENTS GLOBAL STANDARDS TO IMPROVE CONSUMERS' EXPERIENCES WITH ONLINE ADVERTISING.THE NAI REVIEWED MEMBER COMPANY COMPLIANCE WITH THE 2019 CODE OF CONDUCT, AND BEGAN ENFORCEMENT OF THE 2020 CODE OF CONDUCT ON JANUARY 1, 2020. THE 2020 CODE OF CONDUCT, WHICH INCORPORATES NEW TERMINOLOGY MEANT TO ADDRESS CHANGES IN TECHNOLOGY, ENCOMPASSES NEW BUSINESS MODELS AND MARKETING STRATEGIES, INCLUDING THE USE OF "OFFLINE" DATA BY ADVERTISERS, WHICH HAD NOT BEEN DIRECTLY ADDRESSED BY THE NAI'S SELF-REGULATORY EFFORTS IN THE PAST. THE NAI PUBLISHED ITS "GUIDANCE FOR NAI MEMBERS: HEALTH AUDIENCE SEGMENTS" IN JANUARY 2020, CLARIFYING REQUIREMENTS FOR AUDIENCE MODELING BASED ON DEMOGRAPHIC INFORMATION, AND CLOSING POTENTIAL LOOPHOLES IN ADDRESSING SENSITIVE HEALTH CONDITIONS UNDER THE GUISE OF DEMOGRAPHIC TARGETING. IN ADDITION, THE NAU PUBLISHED "BEST PRACTICES: USING INFORMATION COLLECTED FOR TAILORED ADVERTISING OR AD DELIVERY AND REPORTING FOR NON-MARKETING PURPOSES" IN JUNE 2020 TO ADDRESS POTENTIAL MISUSE OF DATA THAT COULD FALL OUTSIDE THE NAI'S TRADITIONAL SCOPE OF DIGITAL ADVERTISING. NAI STAFF CONDUCTED EDUCATION SESSIONS, BOTH IN PERSON AND VIA WEBINARS, ON THE IMPLEMENTATION AND ENFORCEMENT OF THE 2020 CODE OF CONDUCT, AND PERFORMED MANUAL CHECKS OF THE NAI'S OPT OUT PAGE, AS WELL AS MORE IN-DEPTH ANALYSIS RELYING ON TECHNICAL MONITORING TOOLS TO ENSURE COMPLIANCE WITH THE 2020 CODE. MONITORED AND READ CONSUMER EMAILS RECEIVED REGARDING SPECIFIC FUNCTIONALITY ISSUES THAT MAY BE DIFFICULT TO IDENTIFY WITH IN-HOUSE TESTING IN ORDER TO PROMPTLY IDENTIFY AND ADDRESS MOST POTENTIAL PROBLEMS WITH MEMBER OPT-OUT MECHANISMS. RECEIVED AND REVIEWED APPROXIMATELY 3000 CONSUMER QUERIES THROUGH ITS WEBSITE, VIA TELEPHONE, AND VIA REGULAR MAIL.THE NAI COMPLIANCE STAFF PUBLISHED THE 2019 NAI ANNUAL MEMBER COMPLIANCE REPORT AND INITIATED THE REVIEW PROCESS FOR THE 2020 REPORT. PROVIDED A VARIETY OF ROUNDTABLE DISCUSSIONS AND MEMBER BRIEFINGS ON VARIOUS CONSUMER PRIVACY INITIATIVES, GLOBAL LEGISLATIVE AND REGULATORY UPDATES, AND INDUSTRY TRADE ASSOCIATION ACTIVITIES.THE NAI SERVED ON THE GOVERNING BOARD AND STEERING COMMITTEE OF THE IAB EUROPE'S TRANSPARENCY & CONSENT FRAMEWORK (TCF), AN INDUSTRY TOOL THAT SUPPORTS COMPANIES WITHIN THE DIGITAL ADVERTISING ECOSYSTEM AS THEY MANAGE THEIR COMPLIANCE OBLIGATIONS WITH THE EU'S GENERAL DATA PROTECTION REGULATION (GDPR) AND E-PRIVACY DIRECTIVE.THE NAI CONDUCTED CONSUMER RESEARCH ON DIGITAL ADVERTISING, ONLINE CONTENT, AND PRIVACY. IMPROVED NAI'S STATE OF THE ART TECHNICAL MONITORING TOOLS, PROVIDING ADDITIONAL FUNCTIONALITY AND STABILITY TO NAI'S COMPLIANCE AND ENFORCEMENT EFFORTS.FINALLY, THE NAI PARTICIPATED IN NUMEROUS MEETINGS WITH INDUSTRY ADVOCATES AND REGULATORY AND LEGISLATIVE GOVERNMENT LEADERS TO ESTABLISH AN OPEN, CROSS-INDUSTRY DIALOGUE ON DIGITAL ADVERTISING AND CONSUMER PRIVACY, AND COORDINATED REGULAR MEETINGS WITH MEMBERS TO HELP GUIDE THE INDUSTRY WITH RESPECT TO INTERPRETING AND RESPONDING TO THE CCPA AND OTHER STATE LEGISLATIVE AND REGULATORY INITIATIVES.GeographiesNot indicatedDatesJan 1, 2020 – Dec 31, 2020Source990No causes providedNo populations provided––Self-Regulatory Framework for Digital Advertising
IN 2023, THE NAI'S SELF-REGULATORY PROGRAM FOCUSED ON: (1) HELPING COMPANIES UNDERSTAND THEIR COMPLIANCE OBLIGATIONS WITH RESPECT TO AN ACTIVE AND RAPIDLY CHANGING STATE LEGAL ENVIRONMENT AND CHANGES IN BROWSERS AND OPERATING SYSTEMS; (2) THE CREATION OF NEW GUIDANCE AND BEST PRACTICES FOR THE USE OF DEMOGRAPHIC DATA IN HEALTH ADVERTISING; (3) CREATING ENHANCED GUIDANCE FOR THE COLLECTION AND USE OF PRECISE LOCATION INFORMATION FROM SENSITIVE LOCATION THAT APPLY TO A GREATER NUMBER OF COMPANIES IN THE DIGITAL ADVERTISING ECOSYSTEMS; AND (4) FURTHER EXPANSION OF PUBLIC POLICY EFFORTS, ADVOCACY, AND OUTREACH ON A STATE AND FEDERAL LEVEL. IN 2023, THE NAI PARTICIPATED IN SEVERAL CROSS-INDUSTRY AND CROSS-TRADE GROUPS TO HELP CREATE AWARENESS OF NEW STATE PRIVACY LEGAL REQUIREMENTS, AS WELL AS PLANNING FOR THE FUTURE DEPRECATION OF THIRD-PARTY COOKIES, AND THE EVOLUTION OF ADDRESSABILITY. THE NAI IS AN ACTIVE PARTICIPANT IN TECHNOLOGY FOCUSED CROSS-INDUSTRY EFFORTS SUCH AS THE IAB TECH LAB PRIVACY AND REARC COMMIT GROUP, TCF STEERING GROUP, W3C, AND GOOGLE PRIVACY SANDBOX, KEEPING NAI MEMBERS APPRISED OF DEVELOPMENTS IN THESE GROUPS WHILE SPEAKING ON BEHALF OF THE MANY SMALL AND MEDIUM SIZED COMPANIES THAT REPRESENT NAI MEMBERSHIP. THE NAI HELD ITS ANNUAL MEMBER SUMMIT IN MAY 2023 IN SEATTLE, WA. SPEAKERS AND PARTICIPANTS INCLUDED MEMBER COMPANIES AND THEIR BUSINESS PARTNERS, LAW FIRMS, DATA AND PRIVACY EXPERTS, AND STATE AND FEDERAL REGULATORS. THE NAI HOSTED THE WASHINGTON ATTORNEY GENERAL FOR A KEYNOTE ADDRESS FOCUSED ON THE WASHINGTON MY HEALTH MY DATA LAW. THROUGH AN ADDITIONAL SERIES OF VIRTUAL AND IN PERSON ROUNDTABLES AND SALON STYLE EVENTS, NAI PROVIDED ITS MEMBER COMPANIES WITH THE LATEST INFORMATION ON EMERGING TECHNOLOGIES, REGULATORY AND LEGISLATIVE TRENDS, AND EMERGING BUSINESS MODELS.THE NAI COORDINATED MONTHLY WORKING GROUP MEETINGS TO DISCUSS CODE UPDATES, PRIVACY AND TECHNOLOGY ISSUES AND PRIVACY REGULATION AND LEGISLATION, INCLUDING THE USE OF PRECISE LOCATION DATA, INTERNATIONAL LEGISLATIVE AND REGULATORY DEVELOPMENTS, AND REGULATIONS PROMULGATED UNDER THE CALIFORNIA PRIVACY RIGHTS ACT (CPRA). IN JUNE 2023, THE NAI ANNOUNCED A SUSPENSION OF ITS SELF-REGULATORY CODE OF CONDUCT AND LAUNCHED A NEW INITIATIVE TO BUILD A SELF-REGULATORY FRAMEWORK THAT BETTER ALIGNS WITH NEW STATE CONSUMER PRIVACY LAWS AND REGULATORY ENFORCEMENT EFFORTS. THE NEW NAI FRAMEWORK WILL INCLUDE PRINCIPLES RELATED TO TRANSPARENCY, CHOICE, DATA MINIMIZATION, PURPOSE AND USE RESTRICTION, DATA SECURITY, AND OTHERS. IN ADDITION, THE NAI IS ACTIVELY WORKING TO INTRODUCE NEW GUIDANCE AND REQUIREMENTS REGARDING DATA MINIMIZATION AND USER CHOICE AND CONTROL. IN SEPTEMBER 2023, THE NAI RELEASED A COMPREHENSIVE LEGAL AND REGULATORY ANALYSIS OF SENSITIVE HEALTH INFORMATION USED IN DIGITAL ADVERTISING. THIS WHITE PAPER REGARDING HOW COMPANIES SHOULD IDENTIFY SENSITIVE DATA AND CONCLUDES THAT VIABLE PATHS REMAIN FOR COMPANIES TO ENGAGE IN HEALTH-RELATED TARGETED ADVERTISING, WHILE PROTECTING AND RESPECTING THE RIGHTS AND SAFETY OF CONSUMERS THEY SERVE. IN NOVEMBER 2023, THE NAI DEVELOPED AND ANNOUNCED A NEW RESOURCE FOR MEMBERS THAT OUTLINES HOW COMPANIES CAN UTILIZE DEMOGRAPHIC CONSUMER DATA FOR HEALTH-RELATED ADVERTISING. NAI LEGAL AND POLICY STAFF DEVELOPED THE REPORT, ENTITLED "DEMOGRAPHIC HEALTH ADVERTISING BEST PRACTICES." THIS GUIDANCE DOCUMENT HELPS COMPANIES BOLSTER PRIVACY PROTECTIONS AROUND SENSITIVE CONSUMER HEALTH INFORMATION WHILE ALSO PROVIDING FOR EFFECTIVE HEALTH ADVERTISING THAT BENEFITS CONSUMERS AND HEALTHCARE PROFESSIONALS. THROUGHOUT 2023, THE NAI WORKED WITH MEMBER COMPANIES TO ENHANCE AND UPDATE ITS GUIDANCE AROUND THE USE OF PRECISE LOCATION DATA FROM SENSITIVE LOCATIONS. THE NAI WORKED TO IMPLEMENT ITS EXISTING "NAI ENHANCED STANDARDS FOR PRECISE LOCATION INFORMATION SOLUTION PROVIDERS (ENHANCED STANDARDS)" FOR THE COMPANIES THAT PUBLICLY COMMITTED TO HONOR THEM, AND WORKED WITH POLICY MAKERS, REGULATORS, AND MEMBERS TO EDUCATE THEM ON THE STANDARDS. THE ENHANCED STANDARDS PROHIBIT THE USE, SALE, AND TRANSFER OF PRECISE LOCATION DATA FROM SENSITIVE PLACES, SUCH AS THOSE TIED TO RELIGIOUS WORSHIP, SENSITIVE HEALTHCARE SERVICES, MILITARY BASES, AND THOSE INDICATING LGBTQ+ IDENTITY. THEY ALSO RESTRICT COMPANIES FROM USING, SELLING, OR SHARING, IN THE ABSENCE OF A LEGALLY BINDING REQUEST, PRECISE LOCATION DATA FOR LAW ENFORCEMENT OR NATIONAL SECURITY PURPOSES. THE NAI FILED SUBSTANTIAL COMMENTS TO THE FEDERAL TRADE COMMISSION (FTC) IN RESPONSE TO THEIR NOTICE OF PROPOSED RULEMAKING TO UPDATE THE HEALTH BREACH NOTIFICATION RULE, RECOMMENDING THAT THE FTC REVISE THE DEFINITION OF HEALTH CARE SERVICES OR SUPPLIES, INCLUDE AD TECH COMPANIES THAT PROVIDE ANALYTICS TO PHR VENDORS IN THE DEFINITION OF SERVICE PROVIDER, AND SPECIFIC CHANGES TO THE DETAILED ELECTRONIC NOTICE REQUIREMENTS. THE NAI ALSO FILED DETAILED COMMENTS TO THE CFPB'S REQUEST FOR INFORMATION REGARDING DATA BROKERS AND OTHER BUSINESS PRACTICES INVOLVING THE COLLECTION AND SALE OF CONSUMER INFORMATION ("RFI"). IN ITS COMMENTS, THE NAI HIGHLIGHTED THE ROLE OF SELF-REGULATION IN PREVENTING CONSUMER HARM FROM DATA COLLECTED AND USED FOR ADVERTISING, THE ECONOMIC AND SOCIETAL BENEFITS OF DATA DRIVEN ADVERTISING, AND THE ROLE AD TECH COMPANIES PLAY IN ENHANCING COMPETITION IN THE DIGITAL ADVERTISING ECOSYSTEM. FINALLY, THE NAI SUBMITTED COMMENTS TO SENATOR CASSIDY IN RESPONSE TO HIS REQUEST FOR INFORMATION FROM STAKEHOLDERS ON IMPROVING AMERICANS' HEALTH DATA PRIVACY. IN ITS COMMENTS, THE NAI NOTES THE IMPORTANCE OF DATA DRIVEN HEALTH ADVERTISING TO CONSUMERS, PATIENTS, AND HEALTHCARE PROFESSIONALS, THE NEED FOR COMPREHENSIVE CONSUMER PRIVACY LEGISLATION FOCUSED ON PREVENTING HARMFUL OUTCOMES, AND THE NEED TO DISTINGUISH BETWEEN NON-SENSITIVE AND SENSITIVE INFORMATION AND PURPOSES.THE NAI WELCOMED EIGHT (8) NEW MEMBERS IN 2023, EXPECTED CONSOLIDATION IN THE INDUSTRY RESULTED IN A NET LOSS OF ONE (1) MEMBER OVERALL. THE NAI'S MEMBERSHIP INCLUDES STARTUPS, SMALL TO MEDIUM SIZED BUSINESSES, AND SOME OF THE LARGEST AND MOST IMPORTANT COMPANIES IN THE THIRD-PARTY DIGITAL ADVERTISING ECOSYSTEM. THE NAI IS ALSO WORKING MORE CLOSELY WITH RETAIL MEDIA NETWORKS, DATA COLLABORATION COMPANIES, AND PRIVACY VENDORS AS THEY EMBRACE A LARGER ROLE IN THE DIGITAL ADVERTISING ECOSYSTEM, LEVERAGING DATA TO HELP DELIVER BETTER ADVERTISING IN PRIVACY-PROTECTIVE WAYS.THE NAI SERVED ON THE GOVERNING BOARD AND STEERING COMMITTEE OF THE IAB EUROPE'S TRANSPARENCY & CONSENT FRAMEWORK (TCF), AN INDUSTRY TOOL THAT SUPPORTS COMPANIES WITHIN THE DIGITAL ADVERTISING ECOSYSTEM AS THEY MANAGE THEIR COMPLIANCE OBLIGATIONS WITH THE EU'S GENERAL DATA PROTECTION REGULATION (GDPR) AND EPRIVACY DIRECTIVE, ON THE BOARD OF PRIVACY FOR AMERICA, AND ON THE BOARD OF THE DIGITAL ADVERTISING ALLIANCE (DAA).GeographiesNot indicatedDatesJan 1, 2023 – Dec 31, 2023Source990No causes providedNo populations provided––
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