Take Two: ANA Updates Transparency Template

Advertising Law

Two years after releasing a report on media transparency accompanied by a services agreement template, the Association of National Advertisers provided an update with version 2.0.

In 2016, the group published its Guidelines for Achieving Media Transparency as part of a report, “Media Transparency: Prescriptions, Principles, and Processes for Marketers.” The ANA also provided a Master Media Planning & Buying Services Agreement for use by advertisers in developing their own agency agreement.

Now the group has tweaked the original, releasing version 2.0 with several definitional changes, additions and deletions. For example, references to the European General Data Protection Regulation (GDPR) were added to the document as was the term “Digital Media Placements,” a recognition of “the continued increase in digital media and how certain aspects of buying digital media differs from buying traditional media,” the ANA explained.

The group also revised the definitions of “Conflicts of Interest” to clarify that disclosures should be made about certain investments, of “Affiliates” to address the “complex structures” of agency conglomerates, and of “Programmatic Media” to more closely reflect the definition used by the Interactive Advertising Bureau.

Noting “the increase in fraud as well as the growing concerns of Advertisers regarding where media is placed online,” the ANA made updates to the template’s section on Content Verification, Brand Safety and Standards. Version 2.0 also made the liability for disclosing trade secrets mutual, “as this limit of liability should apply to both the Agency and Advertiser,” the ANA said.

In an addition to the template, the group defined the new term “Transaction Data” in a move “to ensure that advertisers have access to transaction data over which any vendor or media owner claims rights that limit an advertiser’s access and/or ability to leverage transaction data.”

To read version 2.0, click here

Why it matters: Version 2.0 of the Master Media Planning & Buying Services Agreement contains several definitional changes, additions and deletions to reflect differences in the industry and new regulations (such as GDPR).