Advertising and market research compliance checklist

Work through every section that applies to your business. Tick off each item when you have confirmed it is in place.

Section 1 — Health and safety at work

• Have you identified your general duties as an employer (or self-employed person) under the Health and Safety at Work etc. Act 1974?
• Have you carried out a suitable and sufficient risk assessment covering DSE workstation use, electrical safety, slips and trips, work-related stress and lone working for field interviewers?
• If you employ five or more people, is the risk assessment recorded in writing?
• Do you have a written health and safety policy (required if you employ five or more people)?
• Have you appointed a competent person to assist with health and safety?

Section 2 — Fire safety

• Have you carried out a fire risk assessment for your premises?
• Are escape routes clear, signed and adequately lit?
• Is fire detection and alarm equipment installed and regularly tested?
• Have all staff received fire safety training?

Section 3 — Employers' liability insurance

• If you employ anyone (including part-time, contract or agency workers under your direction), do you hold employers' liability insurance with at least £5 million cover?
• Is the certificate from your insurer displayed at your premises or accessible electronically?

Section 4 — Equality and data protection

• Are you aware of your duties under the Equality Act 2010 (or equivalent Northern Ireland legislation) not to discriminate in employment or service provision?
• Have you considered reasonable adjustments for disabled employees and service users?
• Have you registered with the Information Commissioner's Office (ICO) for data protection (unless exempt)?
• Have you identified the lawful basis for each type of personal data you process — customer databases, survey respondent records, website analytics, employee records?
• Can you respond to a subject access request within one calendar month?

Section 5 — Broadcast advertising standards

• If you create or place broadcast advertising, are you complying with the BCAP Code (UK Code of Broadcast Advertising)?
• Are you aware that Ofcom is the statutory regulator for broadcast advertising and can impose sanctions on broadcasters?
• Do you understand that the ASA/CAP system for non-broadcast advertising is non-statutory self-regulation, backed by the statutory regimes in sections 7 and 8 below?

Section 6 — Electronic marketing (PECR)

• If you send marketing by email, text or automated call, have you obtained prior consent from recipients (or confirmed the soft opt-in exception applies)?
• Do you screen against the Telephone Preference Service (TPS) before making live marketing calls?
• Do your marketing messages identify you as the sender and provide a valid opt-out mechanism?
• If you are a market research firm, have you confirmed that your telephone surveys are bona fide research and not marketing that requires PECR consent?

Section 7 — Misleading marketing (B2B)

• If you create or place advertising directed at businesses, have you confirmed it does not mislead the businesses it reaches?
• If you use comparative advertising, does it meet the BPMMR conditions — not misleading, comparing like for like, not denigrating or taking unfair advantage of a competitor's trade marks?

Section 8 — Unfair commercial practices (B2C)

• If you create or place advertising directed at consumers, have you confirmed it is not misleading (by action or omission), aggressive or otherwise an unfair commercial practice?
• Are you aware that the DMCCA 2024 Part 4 (commenced 6 April 2025) replaced the CPUT Regulations 2008 and gives the CMA direct monetary penalty powers of up to 10% of global turnover?
• Have you reviewed the list of banned practices (including fake reviews and certain 'drip pricing') in the DMCCA 2024?