How brands can guarantee they own their own data

Data is possibly the single most valuable asset provided by marketing—used to drive decisions, analyze the effectiveness of creative and content and to prove value. Changes in the technology and privacy landscape have placed immense focus on first-party data, which will be critical to the success of any business. See all of Ad Age's A-List 2022 winners here. But brands adapting their data infrastructure for a privacy-focused age might learn the answer is more complex than expected and should take a proactive approach to data ownership as if their futures depend on it. It’s standard industry practice to limit the sharing of pricing details, inventory costs and fees—particularly during competitive bids and from key direct competitors. Complications can arise from restrictions prohibiting a brand from working and sharing its own data to manage effective campaigns, create advanced visualizations and build data models. It's important to clearly outline the level of protection to find a balance that protects proprietary vendor data while allowing access to information required for modern data needs. Contracts saying that a brand owns its data might mean others can't walk away with it, but the fine print can stop it from doing what it needs and inhibit crucial changes. In practice, one party might own the car, but another owns the steering wheel. Agencies need to protect their information. But overprotection of information (without defined limitations) can block a marketer’s ability to implement projects that rely on their data. Brands don’t have to be taken by surprise. There’s a better, more transparent approach that will benefit agencies and brands alike––and it starts with the five steps below. Set clear expectations for use By focusing beyond ownership and on use, a brand can specify known needs that may require sharing of data. This can also allow both parties to identify issues, understand goals and align expectations. Review IP rights, ownership, licensing and nondisclosure sections Contracts should state that brands own their data, as well as the results of work that partners do on their behalf—including results of such services. A brand might want to retain ownership of behavioral data, performance-based data and media cost data. And they should make sure that protections for their partners become limitations of ownership. Ask for a list of recommended or excluded partners for data work Affirm that recommended firms can fulfill potential work, and verify that engineering and data partners specifically know media. Familiarity with media data can be the difference between a successful and a failed project, but can also overlap with concerns about sharing data. Agencies can give themselves significant protection by providing approved or excluded partners. Conversely, if an agency cannot provide a specific list of competitors or approved vendors for sharing, this may be a red flag. Affirm that future projects involving media cost data can be done with third parties If there is a problem, it’s better to find out now rather than when you’re kicking a project off. Understand and agree to who is defined as a competitor In an effort to protect sensitive information, some agreements have clauses that allow agencies to unilaterally define who can work with the data. These should have limits or criteria. At first, this review might seem like an extra step in an already complex contracting process. But consider that data needs to be tested for hygiene and fidelity, and the practice of large-scale duplication is costly and can lead to bigger issues. An agreement that blocks use of cost data can stop work on most media datasets—including projects such as integration across platforms, visualizations, data science and modeling—or creation of any omnichannel effort. When mishandled, there is no winner: Blocked work can be a serious issue for data owners, and for agencies it can lead to frustrated clients. An agency-brand partnership is the best approach. Many hurdles stand before brands as they try to upskill and take control of their data. Success will require true partnerships that evolve to meet those needs. An agency’s job is to hand the reins to the brand. If a piece of information needs to be kept private, be upfront and make the coverage as narrow as possible. For brands faced with privacy changes, first-party data is becoming more and more important and they need to be more nimble than before. It can take months or years for contracts to expire so it’s important to ensure that you truly own your data today because you will likely need that control tomorrow. See all of Ad Age's A-List 2022 winners here.

How brands can guarantee they own their own data

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