Division 73
Advertising & Market Research
Requirements for all advertising & market research
These requirements apply to all business activities in this division.
Health and Safety at Work etc. Act 1974 — general duties
Enforced by HSE
Health and Safety at Work etc. Act 1974
General duty to protect the health, safety and welfare of employees and others affected by the business — applies to offices and any premises the agency or research firm operates from.
Employers' Liability Insurance
Enforced by HSE
Employers' Liability (Compulsory Insurance) Act 1969
Required for any business employing at least one person.
UK GDPR + Data Protection Act 2018
Enforced by ICO
Data Protection Act 2018; UK GDPR (retained EU law)
Central to this industry. Advertising and market research firms process extensive personal data — audience targeting and profiling, customer lists, survey respondents and panels. Lawful basis, transparency and (for profiling/targeted advertising) data subject rights all apply. ICO data protection fee payable unless exempt.
Electronic marketing and cookies (PECR)
Enforced by ICO
Privacy and Electronic Communications (EC Directive) Regulations 2003
Governs electronic direct marketing (email, SMS, automated and live telephone calls) and the use of cookies/similar technologies. Consent rules for marketing communications and analytics/advertising cookies; respect for the Telephone Preference Service. Applies across this whole industry — advertising campaigns and telephone/email recruitment for research surveys both engage PECR. Enforced by the ICO alongside UK GDPR; sits on top of UK GDPR for the consent standard.
Equality Act 2010 — protected characteristics
Enforced by EHRC
Equality Act 2010
No discrimination, harassment or victimisation in employment or in services provided to clients and the public. Advertising content that discriminates, and targeting practices that exclude protected groups, can engage the Act.
Regulatory Reform (Fire Safety) Order 2005
Enforced by LOCAL_FIRE_AUTHORITY
Regulatory Reform (Fire Safety) Order 2005
The 'responsible person' for any workplace premises (studios, offices, call/research centres) must carry out a fire risk assessment and maintain fire safety arrangements. Devolved variants: Fire (Scotland) Act 2005; Fire and Rescue Services (NI) Order 2006.