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The Fingerprint File Doesn’t Have to Bring You Down: NAI Offers Advertisers Guidance on Digital Fingerprinting & Location Tracking

Posted on August 4, 2015June 26, 2025 by Dissent

Christin McMeley and Bryan Thompson write:

Advertisers who use tools such as location data and newer non-cookie technologies to deliver interest-based advertising must carefully balance the use of those tools with consumer privacy.  To achieve this balance, the Network Advertising Initiative (NAI) – a digital advertising self-regulatory body – has recently released guidance for advertisers on how they can do both and stay in compliance with the NAI’s Code of Conduct.

The NAI released its Guidance for NAI Members: Use of Non-Cookie Technologies for Interest-Based Advertising Consistent with the NAI Code of Conduct (Beyond Cookie Guidance) on May 18, instructing its digital advertising members who conduct Interest-Based Advertising (IBA) and Ad Delivery and Reporting (ADR) how to employ non-cookie technology in line with the NAI’s Code.  Then on July 20, the NAI issued its Guidance for NAI Members: Determining Whether Location is Imprecise (Location Guidance), clarifying under what situations members’ use of location data for IBA may be considered “imprecise” and thus not require users’ opt-in consent. Both releases come on the heels of the NAI’s 2015 update to its Code of Conduct that clarified members’ privacy obligations.

Read more on DavisWrightTremaine Privacy & Security Law Blog.

 

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