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

The post How the IAB Multi-State Privacy Agreement Can Help Industry Participants Meet their 2023 Privacy Challenges appeared first on IAB.

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

Download the Report

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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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The “Standard Header Container Integration with an Ad Server” standardizes how header tags and containers interact with ad servers. This will allow for header bidding to scale with industry consensus on the process within the ad server. The expected audience for this standard includes technical leads and product owners at sell-side and at intermediary partner companies. Non-standard setups, yield management strategies, and current market adoption rates are outside the scope of this document.

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The IAB Open Measurement SDK (OM SDK) offers common code and libraries for facilitating third-party access to measurement data. Sites and apps that integrate the OM SDK can send measurement signals to an API, the Open Measurement Interface Definition (OMID). Measurement providers can place tags that collect these signals.

While Open Measurement relies on the OM SDK and OMID during operation, IAB Tech Lab offers several resources to encourage adoption across the industry.

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CATS aims to address these gap by defining an ad request standard that can be used for both RTB and non-RTB use cases, while building on top of existing specifications like AdCOM.

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