Out-Law / Your Daily Need-To-Know

Out-Law News 1 min. read

Advertisers given checklist for protecting children's online privacy


Companies which advertise to children can quickly find out if their campaigns break the law with the launch of a website which claims to draw together all UK laws and regulations on advertising to children.

Advertisers' increasing use of multimedia and interactive technologies means that they are more likely than ever to need to know about the particular codes and regulations that protect the privacy of children. Industry codes give children greater protections for their personal data than adults.

The Advertising Association has launched CHECK (the Children's Ethical Communications Kit), a site which allows advertisers and agencies to compile their own list of regulatory demands depending on the kind of communications they are planning.

"Nobody gains from irresponsible marketing where children are concerned," said Advertising Association director of communications Ian Barber. "It’s damaging for client relationships, for brands, for the industry’s reputation and for the person that gets it wrong."

The rules on advertising to children and on gathering data about them over the internet have been strengthened in recent months. The Committee of Advertising Practice (CAP) has revised its guidance on the collection of data on children this year, stipulating that data must not be collected on children under 12 and collection from those under 16 must not include the collection of data about third parties.

Trade body the Direct Marketing Association (DMA) published a revised version of the Code Of Practice which binds its members, bringing rules for offline data collection into line with that for online collection. That Code now mirrors CAP's by banning the collection of information from under 12s and information on others from those under 16.

The website's launch was welcomed by advertising trade body the Interactive Advertising Bureau (IAB). "This will help to ensure that the integrity of digital marketing is upheld and – more importantly – that children can continue to enjoy the digital environment in a trusted manner," said IAB director of regulations Nick Stringer.

The site allows a user to tick boxes to indicate what technologies or what medium will be used in a campaign. The website then compiles a list of codes or regulations that will apply to that campaign, with links to the rules.

"Making sure your commercial activity with children is within the rules is a legal requirement," said the site. "Whether it’s a banner ad on your website, data collection, radio spot or any other form of advertising or marketing or research or other commercial communication, there’s no excuse not to Check."

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