Ad-Tech

Programmatic advertising involves a large number of parties transacting automatically on data about individuals, and the legal position depends on plumbing that most contracts describe imprecisely. We advise publishers, advertisers, agencies, demand-side and supply-side platforms, ad networks, measurement and verification providers, and retail media operators. Our practice sits deliberately across advertising technology and data protection, because in this sector the two cannot usefully be advised on separately.

Our contracting work covers insertion orders and master advertising agreements, demand-side and supply-side platform, exchange, and ad network terms, programmatic and real-time bidding arrangements, header bidding and supply path arrangements, data and audience licensing, identity resolution and clean room arrangements, measurement, attribution, and brand safety vendor agreements, and retail media network terms. We focus on the allocation of roles, responsibilities, and revenue between parties, on liability for invalid traffic and the resolution of discrepancies, and on making commercial terms enforceable while accommodating how programmatic transactions actually execute.

On the data side we advise on the basis for behavioural and contextual targeting, notice and consent architecture and the operation of consent signals through the supply chain, including the IAB Transparency and Consent Framework and its fit with the Indian consent framework, opt-out and preference management, the characterisation of participants in a bidstream, cross-border transfer and retention, and the restrictions applicable to advertising directed at children. We also advise on advertising content compliance, including endorsement and influencer disclosure, misleading advertisement standards, and dark patterns in ad formats and consent interfaces.