Rules and ethics
Part of Video marketing agency compliance checks for UK campaigns
Video marketing agencies disclosure policy should name one accountable owner
Video marketing agencies disclosure policy: what to cover on paid labels, personal data and confidentiality, with a scoring rubric to test the draft.
What to take away
- Decide first whether disclosure runs from a written policy or from case-by-case judgement. Written wins wherever paid partnerships, contributor data or public sector clients are involved.
- Name one accountable owner and fix a review date, so the policy does not drift when staff move on.
- Cover four areaspaid promotion labels, personal data, client confidentiality and subcontractor conduct.
- Score the draft against the rubric below before a client, platform or regulator asks to see it.
Decide who the policy is for
A disclosure policy that addresses everyone at once usually helps nobody. Clients want to know what you will say publicly about their campaign. Contributors want to know how their footage and personal data are used. Viewers want to know when a video is paid.
Who approves what
- Freelancer on first day can follow it
- Name who approves paid partnership label
- Name who signs off a testimonial
- Name who answers a claim complaint
The wider duties sit in our guide to UK rules and compliance for video marketing agencies, which maps advertising, data and employment obligations onto a production calendar.
What the rules ask of you
Paid promotion must be identifiable. The CAP Code requires marketing communications to be obviously identifiable as such, and Copy Advice from the ASA will pre-clear campaign creative before it runs.
Three duties by source
CAP Code
- What it covers
- Paid promotion
- Core duty
- Obvious identifiability
- Evidence route
- ASA Copy Advice
- Watch out
- Pre-clear creative
UK GDPR
- What it covers
- Personal data
- Core duty
- Lawful basis
- Evidence route
- ICO guidance
- Watch out
- Retention and access
Procurement
- What it covers
- Public sector work
- Core duty
- Social value
- Evidence route
- Procurement guidance
- Watch out
- Devolved Scottish rules
Personal data is the second duty. Filming contributors and holding client contact lists both count as processing. The ICO's UK GDPR guidance and resources set out the lawful basis, retention and subject access duties that apply.
Public sector work adds a third layer. If you bid for a government contract, the public procurement policy guidance shapes what you can promise on social value and how you evidence it. Procurement is devolved, so Scottish tenders follow separate rules.
Write the clauses that carry the weight
Four clauses do most of the work. The first states which label you use on each platform and who approves it. The second records the lawful basis for holding contributor and audience data, plus the deletion route at project end.
The third covers confidentiality: what may never appear in a showreel, case study or award entry without written permission. The fourth passes the same duties to the crew and editors you book.
Keep each clause short enough to quote in a client email.
Score the policy before anyone asks
Score the draft while gaps are cheap to fix. Two reviewers should mark it separately, then compare rows where they disagree.
| Area | What full marks look like | Score |
|---|---|---|
| Ownership | One named role approves labels, testimonials and claims | 0-2 |
| Paid promotion | A written label rule for every platform the agency uses | 0-2 |
| Personal data | Lawful basis, retention period and deletion route recorded | 0-2 |
| Confidentiality | A clear list of what never appears in a case study | 0-2 |
| Subcontractors | Duties passed down in writing to crew and editors | 0-2 |
| Review | Dated review each year and after any platform rule change | 0-2 |
A total below 8 out of 12 means the policy describes intent rather than control. Fix the lowest row first.
Keep the policy working after the shoot
Brief every freelancer on the policy at booking and record that you did. Keep an approval trail for each paid partnership: who asked, what was agreed, when it went live.
When a client asks for an edit that hides the paid label, the policy should already supply the answer. That stance belongs in the commercial contracts for video marketing agencies you sign before production.
Review the policy each year and whenever a platform changes its branded content tools, and log the change. Cases involving tax, employment status or a disputed breach need a qualified adviser.
Common questions
Does a small agency need a written disclosure policy?
Yes, if it runs paid partnerships or holds personal data. Size does not remove the duty to tell viewers when content is paid, and a two-page policy is enough.
Who should own the policy?
Someone senior enough to refuse a request, usually the account director or founder. That person approves labels, holds the review date and keeps the approval records.
Can we copy a client's policy?
Only as a starting point. Your briefs, crew and data flows differ, so a copied policy often describes controls you do not run.
What happens if disclosure goes wrong?
The ASA can require a campaign to be amended or withdrawn, and a data breach can bring ICO action. Both cost more than the review you skipped.
