6.12 Advertising

Avoid invasive advertising

Invasive advertising is advertising that imposes itself and disturbs the user. This should be avoided.

Invasive advertising:

• Distract the user;
• Add a step on the journey;
• Create accessibility issues.

Example

Invasive advertising

Example of invasive advertising from a study on intrusive advertising on the Internet. This ad was visible on the dailymotion website.
When arriving on the website, an ad appears on the user's screen. This prevents the user from accessing the information on the website. The user has to close the ad to access the content. In addition to frustrating the user, this extra step leads to accessibility problems linked to the icon (cross) that closes the ad:

• not very visible;
• not keyboard-accessible: prevents people using a screen reader or assistive technology (blind people, people with motor problems, etc.) from closing the ad (and thus accessing the content).

Visually differentiate advertising from content

Advertising must be immediately identifiable from content. It must be visually distinct (graphically, location, etc.).

Article 26 of the DSA states that it must be clear that the information is advertising, with visible markings, among other things.

Example

Advertising not distinct in content

In the News Feed on the Instagram application, advertising can be found between two pieces of content. The only difference is the addition of a 'Sponsored' note.

The ad can easily be mistaken for content by the user:

• same location ;
• same graphic form ;
• and so on.

Avoid advertising content

Advertising content is hidden advertising. It's hard for users to tell the difference between content and advertising. This includes:

• sponsored posts;
• advertorials;
• native advertising.

Example

Hidden advertising content

On Konbini's home page, the article ‘Eternal debate: Is Rick Deckard a replicant, YES or NO?’ is clearly marked as sponsored content.
Once the article is opened, the information indicating that it is sponsored content is no longer present.
When you go to the article's category. There's no indication that it's advertising content.

The lack of elements identifying this medium as advertising content may mislead the user as to its status as advertising and not as an article.

Best practices

If you still have to use them, you must:

• indicate them as advertising;
• indicate all advertising content as such;
• indicate this explicitly.

According to article 20 of French law no. 2004-575 of June 21, 2004: ‘All advertising, in any form whatsoever, accessible via an online public communication service, must be clearly identifiable as such. It must make it possible to clearly identify the natural or legal person on whose behalf it is carried out’.

Avoiding targeted advertising

Targeted advertising identifies people individually and delivers specific advertising messages to them.

How are targeted ads created?

To generate targeted advertising, user profiles are created. These profiles are based on data retrieved (with trackers) or purchased from third parties. Ads are selected according to the user profile to maximise interaction.

Why avoid them?

• they require the collection of a lot of user data;
• the DSA prohibits their use for minors (article 28).

Best practices

If you must use advertising:

• Opt for contextual advertising. Contextual advertising features ads linked to the site's theme. For example, an ad on a design blog might be for books on design.
• Use as few ads as possible. This will reduce the user's cognitive load and make the journey easier.

Avoid affiliate links

Affiliate links are used to obtain preferential rates on products/services. Users are encouraged to buy using the urgency and scarcity bias.

Example

Affiliate links

When we participate in a kitty, the common pot offers us a discount. Under certain conditions, this discount can be used on another site.

Best practices

If you’d need to use them, be transparent on the:

• Nature of these links (advertising);
• Commissions paid;
• Regularity of the link (whether or not it is a regularly recurring offer)