Generative AI has captured the limelight over the last several years and is revolutionizing the digital advertising industry. Companies from across the entire advertising ecosystem, from publishers and SSPs to advertisers and DSPs, are currently utilizing AI in various ways to create content, improve operational efficiencies, and optimize campaigns.

IAB’s Legal Issues and Business Considerations When Using Generative AI in Digital Advertising provides a comprehensive and easy-to-read overview of the regulations and case law relevant to AI, including in the areas of intellectual property and privacy, along with a summary of proposed laws that, if enacted, could significantly impact the digital advertising industry.

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The playbook focuses on how brands and retailers can partner to enhance the in-store experience to deliver a comprehensive, shopper-centric approach. It examines the strategic partnerships that drive a unified commerce experience within physical store environments, highlighting the importance of understanding shopper missions and behaviors. The playbook underscores the need for effective closed-loop measurement to refine in-store strategies, ensuring that every aspect of the consumer’s journey aligns with their preferences and enhances overall engagement directly at the point of sale.

What Is In-Store Retail Media and Why Is It Important to Your Strategy

In-store marketing is a critical component of the retail mix, serving to engage customers the moment they step into a store. It encompasses a variety of techniques, from point-of-sale displays to in-store promotions, audio, and signage, all designed to attract attention and encourage purchase behavior.

The role of media in shaping merchandising and in-store marketing strategies has grown exponentially with the rise of digital technologies. Digital signage, interactive displays, and audio experiences offer new ways to engage customers, providing dynamic content that can influence purchasing decisions. These technologies not only enhance the customer experience but also provide retailers with valuable data on customer preferences and behavior.

Download the Digital Out of Home (DOOH) & In-Store Retail Media Playbook to learn more about:

• Merchandising and In-Store Shopper Marketing
• Consumer-Centric Strategies in Retail Media
• Advanced Measurement and Optimization
• In-Store Venues and Zones
• And so much more!

Download the Full Playbook Now

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The IAB AR Measurement Guidelines Task Force, working with MRC, set forth guidelines for advertisers and marketers to quantify how much media is delivered and gauge how well their media achieved their business objectives within AR media campaigns. Brands are increasingly utilizing AR in their media campaigns to connect with consumers in more meaningful and immersive ways.

The Augmented Reality (AR) Measurement Guidelines:

• Effectively capture the impact of AR campaigns.
• Set a framework to establish clear and consistent definitions for ad delivery, viewability, audience, engagement, and performance.
• Include AR’s interactive and immersive formats as AR can accrue non-physical interactions with products as well as the physical interactions related to browsing in the context of attribution.

Download the IAB/MRC Augmented Reality Measurement Guidelines

Read the Press Release

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The plaintiffs’ bar has commenced a new wave of lawsuits in recent years asserting claims under the Video Privacy Protection Act (VPPA) in connection with the alleged use of third-party pixels on websites that offer video content.

IAB’s Video Privacy Protection Act (VPPA) Litigation Preparation & Defense Toolkit is a toolkit that provides an overview of the VPPA, an outline of the key elements of a VPPA claim, a description of the successful and unsuccessful defenses, and proactive next steps to take to avoid a complaint. These steps can also be used to aid in negotiating a nominal settlement.

Download the Toolkit Here

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The last several years have brought in a wave of lawsuits alleging that the use of session cookies, certain tracking pixels, AI assisted call centers, and chatbots result in the interception of communications in violation of federal and state wiretapping laws.

IAB’s Wiretapping Claims Litigation Preparation & Defense Toolkit provides an overview of wiretapping claims, an outline of the key elements of each claim, a description of the successful and unsuccessful defenses, and proactive next steps to take to avoid a complaint.

Download the Toolkit Here

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Addressing the challenge of intrusive advertising, the guidelines prioritize clear disclosures, appropriate calls-to-action, and adherence to quality assurance protocols to standardize practices and make ads engaging rather than disruptive. The document establishes guidelines for various ad formats, promoting collaboration among gaming and advertising professionals to achieve higher standards and an optimal balance between advertising goals and user satisfaction.

IAB guidelines and best practices aim to standardize in-game ads through industry collaboration while respecting player experience. They provide essential guidance for advertisers, agencies, game publishers, and platforms to craft creatives that effectively engage gaming audiences.

Access the complete guidelines below.

Download the IAB Creative Guidelines and Best Practices in Advertising in Gaming

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In January, IAB proudly unveiled the final version of these guidelines, a testament to collaborative expertise and industry-wide consensus. This comprehensive framework is not just a set of standards but a roadmap to enhanced transparency and consistency in retail media measurement.

To further support the implementation of these guidelines, the IAB, in partnership with Boston Consulting Group (BCG), introduces the “Retail Media Measurement Guidelines Explainer.” This playbook is more than a companion document; it’s an actionable guide tailored for retailers, brands, agencies, and technology partners. It translates the complex standards into practical steps, offering key strategies and best practices to navigate the nuances of retail media measurement effectively.

This coordinated release of the guidelines and the playbook marks a milestone in our commitment to driving clarity, performance, and growth in the retail media landscape. We invite stakeholders to leverage these resources and join us in shaping the future of retail media.

Download the IAB/MRC Retail Media Measurement Guidelines

Download the BCG & IAB Retail Media Measurement Guidelines Explainer

2023 IAB Connected Commerce Summit: Retail Reimagined Highlights

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The IAB Multi-State Privacy Agreement (MSPA) is an industry contractual framework intended to aid advertisers, publishers, agencies, and ad tech intermediaries in complying with five state privacy laws that will become effective in 2023 (in California, Virginia, Colorado, Connecticut, Utah). The MSPA is not a “model contract” or a template agreement; instead, it is a set of privacy-protective terms that spring into place among a network of signatories and that follow the data as it flows through the digital ad supply chain.

IAB Multi-State Privacy Agreement (MSPA)
Watch the MSPA Webinar VOD Here

The MSPA works together with the IAB Tech Lab’s Global Privacy Platform, a uniform privacy signaling specification that allows companies to communicate and honor consumer choices throughout the ads ecosystem.

The MSPA does not contain any commercial terms, but instead supplements commercial contracts amongst signatories with required privacy terms; and where no commercial contracts exist, the MSPA provides the baseline set of privacy terms required by law. Further, while publishers and advertisers can use the MSPA to cover all of their digital ad transactions, the MSPA also provides them the flexibility to enter into separate agreements with their ad tech vendors for other transactions using independent privacy terms. Such transactions would simply not be MSPA “Covered Transactions.”

Download the MSPA Explainer for Commercial Contract Attorneys

Download the MSPA Explainer for Ad Tech

Download the MSPA Explainer for Advertisers

Download the MSPA Explainer for Publishers

On December 1st IAB and IAB Tech Lab’s General Counsel Michael Hahn, IAB’s Assistant General Counsel Tony Ficarrotta, and IAB Tech Lab’s Senior Director, Privacy & Data, Rowena Lam presented the Path to State Privacy Law Compliance with the IAB MSPA webinar to discuss:

• Industry compliance challenges
• MSPA solutions to those challenges
• Obligations of MSPA signatories
• MSPA’s application to use cases
• How the MSPA leverages the IAB Tech Lab’s Global Privacy Platform
• What you need to do next to sign-up

Path to State Privacy Law Compliance Webinar – IAB MSPA Slides

Path to State Privacy Law Compliance Webinar – IAB Tech Lab GPP Slides

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Five new privacy state laws are taking effect in 2023:

• California Privacy Rights Act (CPRA) on January 1, 2023
• Virginia Consumer Data Protection (CPDA) on January 1, 2023
• Colorado Privacy Act (CPA) on July 1, 2023
• Connecticut’s Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (CTDPA) on July 1, 2023
• Utah Consumer Privacy Act (UCPA) on December 31, 2023

Are you ready? Start preparing today.

Download the State Privacy Laws’ Compliance Chart

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The California Consumer Privacy Act (CCPA) was enacted to provide California consumers with greater transparency and control over their personal information. In many ways, the CCPA is a first of its kind law in the United States: an omnibus statute that seeks to create broad privacy and data protection rules that apply to all industries doing business in one jurisdiction, California, rather than focusing on a single sector or specific data collection and use practices. The CCPA was created in response to changing public perceptions. Users, rightfully, want to understand and have the option to exercise control over their own data.

Creating a new industry framework to support CCPA compliance amongst publishers (i.e., those that own, control, and/or operate a digital property) and technology companies engaged in programmatic and direct transactions (the “Framework”) requires careful consideration, implementations in a technologically-complex and important ecosystem, and balancing of different perspectives and business models. We believe that the Framework and the accompanying Limited Service Provider Agreement (the “Agreement”) accomplish this by providing ad tech companies with assurances that participating publishers provide California consumers with explicit notice and the opportunity to opt-out of the “sale” of their personal information. Participating publishers will also have assurances that technology companies and vendors use personal information pursuant to limited CCPA permitted “business purposes” when California consumers exercise the right to opt-out of the sale of their personal information.

How Does It Work?

The Framework requires participating publishers that choose to sell the personal information of California consumers in the delivery of digital advertising to provide “explicit” notice regarding their rights under the CCPA, to explain in clear terms what will happen to their data, and to notify the downstream technology companies with which the publishers do business that such disclosures were given.

It also requires publishers to include a “Do Not Sell My Personal Information” link on their digital properties. When a user clicks that link, a signal is sent to the technology companies with which the publishers do business via a technical mechanism that is based upon specifications developed by the IAB Tech Lab.

Strict rules, which will be effectuated through the Agreement, shall apply after the consumer clicks the link. Not only will the Agreement require the sale of personal information to cease in such instance, but it will cause downstream technology companies to become service providers of the publisher. Doing so imposes strict limitations on data use by publishers and technology companies to only those specific and limited business purposes that are permitted under the CCPA.

Two significant benefits accrue from the Agreement. First, for participants in the Agreement, it creates a simple and efficient vehicle from which to create service provider relationships in the data supply chain without the need of having to enter into hundreds of separate contracts. Second, and most important, it provides participants with the opportunity to demonstrate accountability by requiring them to submit to audits and/or self-certifications to ensure that when the consumer opts out, limited personal information is being used only for purposes permitted by the CCPA.

Download the IAB CCPA Compliance Framework Document (PDF)

Sign the Limited Service Provider Agreement

Download the CCPA Compliance Framework Tech Specs via IAB Tech Lab

For more information, contact info@iabprivacy.com.

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