Guide summary

First follow the health and safety, fire safety, employers' liability insurance, equality and data protection rules that apply to all employers. If you create broadcast ads, run electronic marketing, or produce ads that could mislead customers, you must also follow broadcast advertising standards, electronic marketing consent rules, and the bans on misleading and unfair commercial practices. Use the compliance checklist to make sure you have covered everything.

Set up a safe workplace: follow health and safety, fire, insurance, equality and data protection rules
If you broadcast ads, get consent before sending electronic marketing
Do not make misleading or unfair claims in ads
Obey broadcast advertising standards enforced by Ofcom
Obey electronic marketing rules enforced by the ICO
Obey bans on misleading and unfair practices enforced by CMA and Trading Standards
The ASA and CAP codes are not law but you should still follow them
Use the advertising and market research compliance checklist

Running an advertising or market research business means complying with broadcast advertising standards enforced by Ofcom, electronic marketing consent rules enforced by the ICO, and statutory prohibitions on misleading and unfair commercial practices enforced by the CMA and Trading Standards. The ASA and CAP self-regulatory codes sit on top of these statutory backstops but are not themselves legislation. On top of that, every business that employs people must meet workplace health and safety, fire safety, employers' liability insurance, equality and data protection obligations.

All four sector-specific regimes are UK-wide. Workplace health and safety is enforced by HSE in Great Britain and HSENI in Northern Ireland.

Health and Safety at Work etc. Act 1974 (HASAWA)

The Health and Safety at Work etc. Act 1974 - primary UK workplace health and safety legislation establishing employer and employee duties. Pure data reference.

The Health and Safety at Work etc. Act 1974 (HASAWA 1974) is the primary legislation governing workplace health and safety in the United Kingdom. It establishes the legal framework for protecting the health, safety and welfare of people at work and those affected by work activities.

Legal status: Primary legislation - principal UK health and safety statute
Royal Assent: 31 July 1974
Came into force: 1 April 1975 (in stages)
Geographic scope: Great Britain (separate legislation applies in Northern Ireland)
Applies to: All employers, employees, self-employed persons, and those who control work premises
Primary duty (Section 2): Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees
Duty to non-employees (Section 3): Employers must protect persons not in their employment (contractors, visitors, public) who may be affected by work activities
Employee duties (Sections 7-8): Employees must take reasonable care for their own health and safety and that of others, cooperate with employers, and not misuse safety equipment
Enforcement authority: Health and Safety Executive (HSE) and local authorities
Maximum penalties (post-2008 amendments): Unlimited fines in Crown Court; imprisonment up to 2 years for individuals; up to 12 months and/or an unlimited fine in Magistrates' Court in England and Wales (12-month custody powers from 18 November 2024; fines unlimited since March 2015 under LASPO 2012, s.85)
Referenced by regulators: Cited in 31 regulatory documents in the ORDS (Office for Regulatory Delivery and Simplification) dataset
Secondary regulations: Enables creation of health and safety regulations (e.g. Management of Health and Safety at Work Regulations 1999, COSHH, Manual Handling)

Reasonably practicable: The Act uses the term "so far as is reasonably practicable" throughout. This means employers must balance the level of risk against the time, trouble and cost of controlling it. However, the law is weighted in favour of health and safety - employers must demonstrate that control measures would be grossly disproportionate to the risk before they can be considered not reasonably practicable.

Self-employed persons: The Act also places duties on self-employed persons to protect their own health and safety and that of others who may be affected by their work activities.

Health and Safety at Work etc. Act 1974 (legislation.gov.uk) (opens in a new tab)

HSE - Health and Safety at Work etc. Act 1974 guidance (opens in a new tab)

What you need to do

Identify the description that best fits your business, then follow the guides in order.

Every advertising or market research business

Start with the universal workplace duties. Follow "Set up and run a safe advertising or market research business" for your health and safety, fire safety, employers' liability insurance, equality and data protection obligations.
You create or place broadcast advertising, run electronic marketing campaigns, or produce advertising that could be misleading or unfair

You must comply with broadcast advertising standards, PECR consent rules for electronic marketing, and the statutory prohibitions on misleading B2B marketing and unfair commercial practices. Follow "Meet your advertising and market research regulatory duties".
Confirm you have covered everything

Work through the advertising and market research compliance checklist to confirm your obligations are met.

Legal basis

Primary legislation and key regulations

DMCCA 2024 Primary 2024 · united_kingdom Communications Act 2003 Primary 2003 · UK-wide Health and Safety at Work Act 1974 Primary 1974 · UK-wide Business Protection from Misleading Marketing Regulations 2008 SI 2008 · UK-wide Privacy and Electronic Communications Regulations 2003 SI 2003 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

ASA: advertising codes (opens in a new tab)

www.asa.org.uk

ICO: direct marketing guidance (opens in a new tab)

ICO

CMA: consumer protection enforcement (opens in a new tab)

GOV.UK

Advertising on ODPS (opens in a new tab)

Ofcom

Section ten: Commercial communications on radio (opens in a new tab)

Ofcom

Appendix 1: Extracts from relevant UK legislation (opens in a new tab)

Ofcom

Statement: Regulation of advertising of less healthy food and drink (opens in a new tab)

Ofcom

CMA: consumer protection enforcement (opens in a new tab)

GOV.UK

Key concepts and definitions (opens in a new tab)

ICO

Annex B: Wider regulatory framework (opens in a new tab)

ICO

Which advertising and market research regulations apply to your business

What you need to do

Every advertising or market research business

You create or place broadcast advertising, run electronic marketing campaigns, or produce advertising that could be misleading or unfair

Confirm you have covered everything

Legal basis

Official guidance

Related guides in Compliance & Legal

Advertising and market research compliance checklist

Meet your advertising and market research regulatory duties

Fire safety duties for Northern Ireland businesses

Fire safety duties for Scottish businesses

Set up a limited company