As a companion to the “Media Transparency: Prescriptions, Principles, and Processes for Advertisers” report, the ANA, in collaboration with its General Counsel Reed Smith LLP, has developed a Media Agency Master Media Planning – Buying Services Agreement (version 2.0), which can be used by advertisers to develop its own agency agreement. It`s time to keep going. There is a confidentiality agreement for the accountants that we have to deal with. According to ANA, the NDA between an accountant retained by another and an agency to control has become a “great battleground” for agencies. The ANA recommends that advertisers attach an NDA form as an exposure form to their media purchase contracts with agencies. Models such as ANA`s are a good starting point for understanding the state of the market. However, with market development, regular audits can facilitate and maintain the highest level of transparency and partnership over time. It is not enough to enter into a comprehensive contract unless you are able to validate terms and conditions, ratios and immerse yourself deeply in supply chains, thought processes and advertising expenses. In addition, we all know that turnover takes place and that chains of command can change. Effective management of contracts and agencies requires a review and re-evaluation of agreements as part of these changes, to ensure that new stakeholders are current and coordinated, both internally and with the Agency.

The addition of “European Data Protection and Data Protection Laws” – In light of the recent adoption of the European Union`s General Data Protection Regulation (GDPR), the model agreement now envisages the RGPD and obliges the parties to ensure that their practices comply with the provisions of the law. The highly negotiated audit sections of the agreement have also been amended, including refunds and confidentiality agreements for auditors. The revised provisions contain a language that encourages the appellant to consult with his statutory auditor to determine the threshold of surcharge that would trigger an agency`s repayment obligations. Similarly, advertisers are now encouraged to join the No-Disclosure Agreements (NDAs) as an exposure to the final agreement (the ANA intends to disclose a standard form for future use as a presentation) to shorten the broad negotiations that typically take place in this area.