Privacy Watchdog Brings LexisNexis into Compliance with Digital Advertising Privacy Industry Self-Regulatory Standards
McLean, VA – January 4, 2024 - The Digital Advertising Accountability Program (DAAP) of BBB National Programs brought LexisNexis, a division of RELX Inc., into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for online interest-based advertising (IBA). LexisNexis is a global publisher of print and electronic resources related to law and legal services, and a first-party web publisher for purposes of the DAA Self-Regulatory Principles.
This case arose from DAAP’s ongoing monitoring of websites to assess compliance with the DAA Principles. DAAP visited lexisnexis.com to review compliance with the DAA Principles but could not test for IBA across all web pages as many require a user log-in, limiting the DAAP review to consumer-facing pages.
During its inquiry, DAAP observed data collection by third-party companies known to engage in IBA. When DAAP examined LexisNexis’ website, it located a link in the site footer labeled “Privacy Policy.” Under the Transparency Principle, web publishers must provide a link—distinct from the privacy policy—on each webpage where third-party data collection for IBA occurs. Unlike other privacy-related disclosure links, an enhanced notice link must take users directly to its IBA disclosure and a method to opt out of IBA.
LexisNexis' privacy policy mentioned sharing information with advertisers but lacked a direct link for opting out, which is not compliant with the DAA Principles. Further examination revealed a more detailed description of third-party data collection for IBA in the Cookie Policy, including a link to the DAA's opt-out tool. However, neither the Cookie nor Privacy Policy stated adherence to DAA Principles and no webpage linked to this policy for enhanced notice.
In response to DAAP’s inquiry, LexisNexis conducted a comprehensive review of its compliance with the DAA Principles to identify areas in its compliance protocols that need strengthening. The company worked diligently to find comprehensive solutions to each issue and consulted with DAAP on its plan to come into compliance.
To offer enhanced notice of IBA collection across its vast range of websites, LexisNexis added an "Ad Choices" link to every domain, including various footer designs. This link directs users to Section 3 of the renamed "Cookies and Interest-Based Advertising Policy," detailing managing third-party IBA and linking to the DAA's opt-out tool. Previously accessible after two clicks, this policy is now more readily available. Additionally, LexisNexis included a statement adhering to the DAA Principles in this policy section, ensuring easier access to real-time IBA notices for users across all their web products.
As part of the decision in this matter LexisNexis added a statement reading: “At LexisNexis, we are committed to ensuring transparency in our privacy practices. We are pleased with the DAA Accountability Program’s recognition that LexisNexis is compliant with its self-regulatory principles.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DAAP decisions, visit the DAAP Decisions and Guidance webpage.