Advertising Law Tool Kit 13th Edition 2025

Venable / 49 48 / Venable Marketing Technology Marketing technology (martech) consists of various tools and solutions that assist with marketing; each marketer’s unique combination of these tools is known as their martech “stack.” For many marketers, martech has become essential because of its ability to automate and streamline marketing campaigns. Recent annual spending on martech solutions has exceeded approximately $125 billion on a global basis. As the landscape for martech expands, so too does the complexity of the issues that arise from trying to implement disparate tools and solutions. However, many of these issues can be mitigated by thoughtful planning during the procurement, implementation, and renewal phases. Initial considerations: • Create a team of key stakeholders who understand the technology and the integration process. • Assess your current stack (or visualize your new stack) and define your actual needs. • Have clearly defined objectives, a set of criteria that you will use to measure success (such as specific KPIs), and a clear understanding of how the new martech will integrate into your stack. Procurement and implementation: • Consider your nonnegotiables and use these to narrow down vendors. • Focus on interoperability early, as it is often a vendor blind spot. • Consider the extent and scope of AI use and how they are addressed in the legal terms. • Pay attention to data ownership and termination rights. Ensure you own your data outputs. • Avoid fees tied to volumes. If pricing is tied to active accounts, be surgical about what this means. • Use a “tiger team,” i.e., a small group of in-house experts in charge of disseminating training knowledge regarding the tool. Training should occur no more than two weeks prior to receiving the tool. Stack management and renewal: • Conduct a business review of the martech, ideally monthly (or at least quarterly). Include an evaluation of how well the tool has met your initial criteria and an evaluation of the vendor’s performance. • Share these evaluations with the vendor and use them as a tool during renegotiation. Armand J. (A.J.) Zottola ajzottola@Venable.com