What Data Questions Should Agency Agreements Address?

As a data broker and data services provider, AccuList USA knows first-hand that the era of “big data” has created both greater opportunities and greater complications for marketers in terms of access and use of data. In fact, Advertising Audit and Risk Management (AARM), a North American provider of independent advertising audit and consulting services, recently urged advertisers and marketers to review agency contracts to make sure they address evolving “big data” issues.

Unanswered Data Questions Leave Risky Gaps

Data can drive a precisely targeted marketing strategy by leveraging insights from transactional and customer behavioral data–assuming that the advertiser/marketer has the right to receive and use that data. Based on their experience, AARM cites at least six key, but often unanswered, data questions that advertisers should cover in contracts. Those questions include:

• Who owns the data?
• Where is the data stored?
• For how long?
• How secure is the data?
• Is the data kept separate from that of other advertisers?
• Is your data being used to aid other advertisers?

Everybody Wants to Claim Valuable Data

AARM points out that data ownership is not automatically ceded to an advertiser or marketer despite investment in a media buy generating a data stream. Many within the media chain may try to claim the generated data: Ad agencies, trading desks, publishers, demand-side platforms, and third-party ad servers all may seek unrestricted access, if not ownership, of valuable customer data. That’s why marketers and advertisers need to be sure that legal agreements clearly and consistently spell out data ownership rights, privacy considerations and third-party access rights.

Guarding First-, Second- and Third-Party Data

Ownership and access to third-party data–often sourced from agencies and ad tech providers–is usually clearly spelled out in licensing agreements between stakeholders. But AARM notes that advertisers also need to be careful that second-party data, meaning information gathered indirectly from users via an advertiser’s relationship with another entity (such as an SEO platform or behaviorally targeted digital display ad), is used or shared in a privacy-compliant manner.  Advertisers must guard their first-party data, too, AARM cautions. For example, there are data privacy and security risks for first-party data used in programmatic digital and addressable TV buys, where unregulated, unsupervised use could violate privacy rights.

For AARM’s article, “Big Data. Big Deal. You Bet,” see https://marketingmath.aarmusa.com/2016/12/05/big-data-big-deal-you-bet/