Part B- OBA Complaints Procedure

Part B – OBA Complaints Procedure

1. Only complaints which are in writing, and set out on the dedicated OBA Complaints Form available on the ASAI website will be accepted and processed.

2. The ASAI Executive will initially check to ensure that they have received sufficient information to identify the parties involved as well as any other information considered necessary for an assessment of the complaint. Where they have not, the Executive will contact the complainant setting out the additional information required, and explain that without it they will be unable to proceed with the complaint.

3.  The Executive will also explain, that if, in the future, the complainant sees another example of OBA that they wish to complain about, what steps they might take (e.g. screenshot the page, etc) in order to capture the information that will permit the ASAI to assess the complaint and where necessary initiate an investigation.

Informal Resolution

4. Where, in the opinion of the Executive, sufficient information has been provided setting out the complaint, the Executive will initially send a copy of the complaint and attachments to the relevant OBA Third Party. A response will be requested within ten calendar days.

5. The OBA Third Party can:

• bring themselves into compliance; or
• demonstrate to the satisfaction of the ASAI Executive that there is not a prima facie case for investigation.

6. In such cases, the complainant will be informed and the complaint closed. The complaint will be recorded as ‘Informally Resolved’.

7. If the OBA Third Party does not respond to the Executive or the Executive, acting in its sole discretion, considers there is a prima facie case for investigation, the complaint will be escalated to the Formal Resolution procedure. 

8. A formal investigation will be conducted in accordance with the general procedures for resolving complaints set out at Appendix I, Part A, and references to ‘advertiser’ will, for the purposes of Appendix I, Part B, be taken as referring to ‘OBA Third Party’.

9. In the event of a conflict arising between the general complaints procedures at Appendix I, Part A and these OBA specific procedures, in dealing with OBA complaints these procedures will take precedence.

Enforcement and Sanctions Publication – ‘Name and shame’

10. In accordance with Appendix I, Part A, Clause 19 following a decision of the Complaints Committee details of the case including the name of the OBA Third Party and the Complaints Committee’s conclusion, but not the name of a consumer complainant are set out in a Case Report which is, at the discretion of the Committee, released to media for publication and posted on the ASAI website www.asai.ie.

Additional Sanctions

11. If an OBA Third Party demonstrates grave, deliberate and / or persistent non-compliance with the Code it may be subject to some or all of the sanctions listed below. (Non-exhaustive examples of when these sanctions might be triggered are given in the FAQs on the ASAI website www.asai.ie.)

12. In this regard, the ASAI Complaints Committee may recommend to the Board of the ASAI that specific additional sanction or sanctions be applied.

13. In such an event, the ASAI Executive will advise the parties to the complaint of the Complaints Committee’s recommendation and invite submissions from them before the matter is submitted to the Board for consideration. The Complaints Committee decision and recommendation will not be published while the matter is being considered by the Board.

14. The Board will consider the Committee’s recommendation taking account of all factors that they consider relevant as well as any submissions received. The Board acting in its sole discretion will decide whether to apply the additional sanction/sanctions recommended by the Complaints Committee.

15. In cases where the Board considers that additional sanction/sanctions should be applied, they will instruct the ASAI Executive who will advise the parties of the Board’s decision. 

16. The Case Report will then be published and will include the referral to the Board by the Complaints Committee and the Board’s decision.

Removal of the European Interactive Digital Advertising Alliance (EDAA) ‘Trust Seal’

17. T he Board may following a recommendation of the Complaints Committee, decide to apply the additional sanction of contacting the EDAA requesting that the EDAA arrange for the removal of the EDAA ‘Trust Seal’ of an OBA Third Party.

18. In this regard, once the ASAI has informed the EDAA of the request for the application of the sanction, the EDAA will, within two business days, inform the independent certification providers (ICP) to remove the ‘Trust Seal’ with immediate effect. This will be a mandatory action and, as such, neither the EDAA nor ICP can refuse, at this stage, to comply with the ASAI decision and request.

Withdrawal of OBA Icon

19. The Board may following a recommendation of the Complaints Committee, decide to apply the additional sanction of contacting the EDAA requesting that the EDAA arrange for the withdrawal of the OBA Icon of an OBA Third Party.

20. In this regard, once the ASAI has informed the EDAA of the request for the application of the sanction, the EDAA will withdraw the OBA Third Party’s right to use the OBA Icon thus terminating the licensing agreement.

Referral to Relevant Regulator

21. The Board may following a recommendation of the Complaints Committee, decide to apply the additional sanction of referring an OBA Third Party to the relevant regulator (in this case the Office of the Data Protection Commissioner). This sanction will only be applied in cases where the Board, acting in its sole discretion, decides that an OBA Third Party has demonstrated deliberately obstinate and defiant non-compliance with the Code, its OBA rules and adjudications of the Complaints Committee, including non-cooperation with the ASAI’s complaints handling process