DataWorth AI

Marketing agencies, client data and AI data licensing

Client customer lists, ad-platform data and business contacts: which agency records are the client's, and how state privacy law applies.

Last updated 2 sources cited1 min read

Short answer: Agencies hold a lot of data that isn't theirs: client customer lists, ad-account data and campaign results. Keep client data out unless the client agrees in writing, and treat business contacts as personal data, since California's CCPA business-to-business exemption expired at the end of 2022.

On this page
  1. Whose data is it?
  2. Privacy law
  3. If clients collected data under privacy promises
  4. Frequently asked questions
  5. Sources

Whose data is it?

  • Client customer lists and CRM extracts: the client's, usually limited by contract to providing services.
  • Ad-platform accounts: often owned by the client, with platform terms on top.
  • Your proposals, SOPs, creative process and internal chat: usually yours.

Privacy law

The California AG says the CCPA's exemptions for employee and business-to-business personal information expired on December 31, 2022 (California AG). The CCPA applies to for-profit businesses doing business in California that, among other tests, have gross annual revenue over $25 million.

If clients collected data under privacy promises

The FTC warns that quietly changing terms to allow AI training 'could be unfair or deceptive' (FTC). That applies to your clients' promises to their customers, too.

This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.

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Frequently asked questions

Can we license campaign performance data?

Results tied to a client are client information under most agency contracts. Ask the client.

Are pitch decks ours?

Usually, unless they include client data or were assigned to the client.

Sources

  1. California Attorney General: CCPA overview and FAQoag.ca.gov
  2. FTC Office of Technology: Quietly changing your terms of service could be unfair or deceptive (Feb 13, 2024)ftc.gov

Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.

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