Video marketing agency due diligence: five checks

What to take away

For a video marketing agency, use these five checks on every shortlisted supplier:

Start with the decision you are protecting

Due diligence is the evidence trail you rely on if a campaign stalls or a regulator asks who processed viewer data.

Write down the failure you are most exposed to before you open a supplier pack. A broadcaster running regulated advertising worries about different things from a manufacturer publishing product films.

If you cannot state it, use the [guide to supplier types and tools for 2027] to clarify which kinds of supplier you are choosing between.

Check 1: Verify the trading entity and its cover

Search the company number on Companies House and compare the registered name with the name on the quote. Trading names differ from legal entities more often than buyers expect.

Ask for a certificate of employers' liability insurance and professional indemnity cover, with the policy number and renewal date visible. Where compulsory employers' liability insurance applies, the minimum cover is £5 million under the Employers' Liability (Compulsory Insurance) Act 1969. For professional indemnity, ask for the limit and exclusions; there is no universal statutory limit for every agency, so assess the cover against the contract and potential exposure. Request confirmation from the broker named on the certificate rather than relying only on a copy forwarded by the sales lead.

Public sector buyers may need a compliant route rather than a direct award. The Crown Commercial Service Campaign Solutions 2 framework covers marketing services including video, and sets out how those competitions work.

Check 2: Test the references and the people

Two references are not enough if both come from the same account director. Ask for two client references from the last 18 months: one client who renewed and one who did not. Speak to both without the supplier on the call. Ask each what changed between the first brief and the final cut and who paid for it; also ask for an example of a project that went wrong and how it was handled.

Then ask who will do the work. Named freelancers are common in production, so confirm they are contracted for your dates and what happens if they leave. Apply these checks to each shortlisted supplier; examples to assess include Wyzowl and Bold Content if either is under consideration. Their inclusion is not an endorsement or a claim that either has passed due diligence.

For smaller suppliers, the IAB UK SME toolkit covers planning and buying digital advertising, which helps you frame questions about how video sits alongside paid media.

Check 3: Confirm ownership and releases

Ownership is where most disputes begin. Confirm who holds copyright in the final films, the raw footage, the project files and any music or stock licences, and for how long.

For contributors who appear on camera, check that signed release forms identify the person and grant permission to record and use their image and voice. Specify intended channels, including paid advertising, territory, duration and permitted edits, and cover use of their name and any fee where relevant; a release is a contractual permission, not a substitute for data-protection compliance.

Check 4: Verify data protection

Ask where footage is stored and what is deleted at the end. Where identifiable people appear, you need a lawful basis for that processing and a retention period you can defend.

The Information Commissioner's Office (ICO) is the UK's data protection regulator. UK GDPR and the Data Protection Act 2018 set the framework for personal-data processing; confirm who acts as controller and processor, and record the supplier's named data-protection contact and ICO registration number where it is required to pay the ICO data protection fee. Check the ICO register of fee payers; some organisations are exempt, so the absence of a number alone does not establish non-compliance.

Where the supplier uses non-essential cookies or similar tracking technologies to collect viewer data, the Privacy and Electronic Communications Regulations 2003 (PECR) generally require consent before those technologies store or access information on a viewer's device. Ask who obtains and records that consent.

Check 5: Agree exit terms

Exit terms: get the notice period, the handover format and any transfer fee in writing before signature.

As part of the handover, agree how large files such as raw footage and project files will be transferred, and what happens if a connection fails. The government's broadband investment programme gives context for UK business connectivity.

Score suppliers on the same rubric

The five numbered checks above are the decision framework; the rubric below scores evidence across separate weighted criteria, so its rows do not add to the check count. Use one table for every shortlisted supplier and complete it before commercial talks begin. Weights and scores are illustrative.

Multiply each score by the weight and add the columns. A supplier scoring 3.0 or below on rights or data should not proceed, whatever the total.

Record who supplied each document and on what date, so the file can be rechecked at renewal.

If a supplier proposes a platform, assess that tool separately from the agency's credentials. The video marketing tools guide for England covers platforms suppliers may bring to a pitch.

Common questions

How long should due diligence take?

Allow five to ten working days for a single campaign. Longer if a framework competition is needed.

Do I need a site visit?

Not usually. Ask for a live walkthrough of the edit setup and storage, and record who attended.

What if the supplier refuses to share policy details?

Treat it as a failed check. A broker's letter confirming cover is usually enough.

Can I rely on a framework listing alone?

No. A framework confirms the supplier met the entry criteria at the time, so still verify insurance dates, named staff and rights terms.