The advertising landscape has become much more complex across all disciplines. In particular, the methods of buying and selling media have become harder to understand and in many cases opaque!
To reflect the massive changes this market has undergone ISBA has produced contemporary framework agreements to guide ISBA members in the review or development of their own terms. We have five key frameworks members can use as handy starting points; Creative Services framework, Media strategy, planning and buying framework, social influencer agreements for brands working directly with vloggers and bloggers, digital services agreement for heavy tech projects, and a set of terms that can be used to influence Team Sponsorship agreements. Together with the IPA, we have also produced suggested clauses for the inclusion of GDPR requirements in agency contracts. All terms come with handy drafting notes.
ISBA Media Services Framework V2.1
The rise of online advertising has continued unabated and automated media buying will increasingly become the norm. Many media agencies are also now offering a wider suite of services to their clients like social media and creative services. The Framework has been designed to help you review, refresh and update your terms and vitally, bring added protection on a growing list of issues, including brand safety, ad viewability, ad fraud, auditing rights and data ownership and be more flexible for ‘other’ services the media agency may be providing e.g. social media monitoring, app and simple software development, creative services, branded content etc.
Launched originally in 2016 the framework terms have had a considerable impact on the industry, adopted by some of the UK's biggest advertisers and adapted to create terms for international use. Given the speed of change within the industry, the terms have now been updated, Version 2.1 created in response to market dynamics is now available for members. Find out more about the new V2.1 terms here >
ISBA/IPA GDPR clauses for contracts
In a bid to set some standards for the industry, ISBA and the IPA have worked together with specialist data protection lawyer Simon Morrissey, of law firm Lewis Silkin to create suggested GDPR clauses to be used as a variation addendum to client/agency contracts. There are two versions, one for ‘data light’ contracts and a second for ‘data heavy’ contracts.
The suggested clauses represent the minimum requirements in the creation of a Data Processing Agreement (DPA) as required by GDPR. There must be an agreement between the parties and it must contain certain contractual obligations imposed on the data processor. A DPA can be created either as a separate agreement or can be included within an existing client/agency agreement.
Terms can be used to create a DPA for new appointments which come into effect after May 25th 2018; or for existing relationships in force after 24th May 2018 where a variation addendum to the contractual terms can be created. The suggested clauses can be downloaded via the documents tab above.
ISBA's Suite of Contracts for Advertisers Working with Social Talent
Brands are operating in a new era of influence where 92% of consumers turn to people they know for referral above any other source, and YouTube stars are seen as 90% more authentic and 17x more engaging compared to mainstream celebrities. The rise and explosion in popularity of the vlogger in the past few short years has been nothing short of a cultural and social phenomenon. There is no doubt that, the use of vloggers has opened the doors to a new form of highly effective marketing for some brands.
Research carried out by Gravity Thinking for ISBA in 2018 identified that 80% of ISBA members are planning on increasing their influencer marketing budgets in 2018 but that of the 89% of ISBA members using influencers 60% didn’t feel confident about working with them.
In October 2018, ISBA launched a suite of contracts to improve influencer marketing effectiveness, including a new one for micro-influencers. The suite of contracts addresses some of the key challenges when using influencer marketing including identifying fraud, fake followers and non-disclosure of commercial arrangements. The contracts include terms for working directly with social talent and for working through digital first talent agencies.
These contracts are unique as there are currently no other frameworks for the influencer industry available. Copies of the contracts are now available via the download tab above or alternatively, contact Claudia King for more details.
Members can contact us to talk about contracts or request copies of any of our template terms. The tabs above provide access to some of the latest resources to help guide you.
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