An agency that plans to use artificial intelligence tools in its work for a client must first receive consent from that client to do so, the Association of National Advertisers (ANA) said as part of a new template it has created to help advertisers establish transparent contracts with media buying agencies. 

As AI has risen in popularity, some brands are concerned about the risks. A lack of regulation poses an uncertain environment in which to experiment, with issues such as copyright and data privacy still yet to be resolved. Not wanting to push into uncharted territory, these brands may not be on the same page as their agencies. The ANA update is a guideline rather than an enforceable decree.

Several clients of BBDO, for example, have rejected work performed by the agency that used AI. This reaction led BBDO Worldwide president and CEO Andrew Robertson to recently issue an internal memo warning employees not to use AI without prior consent from clients.

The ANA’s stipulation comes as more agencies develop AI solutions to keep up with innovation. Last week, WPP teamed with Nvidia to launch a generative AI platform, and The Brandtech Group acquired Jellyfish in order to dial up its technological efforts, including with respect to generative AI. Omnicom also recently struck an AI deal with Adobe, and Publicis purchased a full stake in an AI lab.

Other updates to the ANA’s contract template include new definitions of audits, more information on addressing non-transparent services and reminders to consider ESG and diversity, equity and inclusion efforts. The ANA released its first template guidelines in 2016, before providing an update in 2018. Law firm Reed Smith LLP contributed outside counsel on this year’s template.