When establishing or running a marketing business in United Kingdom, it’s important to ensure you’ve met all the legal requirements. Our legal team specialises in helping small marketing businesses with all their legal needs, from contracts to intellectual property protection and privacy. Get in touch today!
To establish a marketing business in the UK, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with Companies House (https://www.gov.uk/government/organisations/companies-house).
- Obtaining Employers' Liability Insurance and business insurance (e.g. public liability, professional indemnity) from a licensed provider.
- Securing Local Authority approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Having Health and Safety policies and procedures in place, in compliance with the Health and Safety Executive (HSE) guidelines (https://www.hse.gov.uk/).
- Complying with privacy and data protection policies and procedures, in line with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Information Commissioner's Office (ICO) registration may be required (https://ico.org.uk/).
- Registering for a Unique Taxpayer Reference (UTR) number from HM Revenue and Customs (HMRC) and, if applicable, registering for Value Added Tax (VAT) if your taxable turnover exceeds the threshold (https://www.gov.uk/vat-registration).
- Creating a Privacy Policy that complies with the UK GDPR and the Data Protection Act 2018.
Generally, as a business providing marketing services in the UK, you will need to have a Service Agreement that is specifically tailored to your business' requirements.
The agreement should detail the scope of your marketing services, IP (Intellectual Property) ownership, termination rights, payment terms, and limitation of liability. These aspects will vary among businesses, so it's prudent to seek legal assistance to ensure you're receiving adequate legal protection.
This will also help ensure that both you and your clients have a clear understanding of the specific services you're providing and how everything will be managed.
Several laws apply to your marketing business, such as the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). If you're collecting personal information from users and customers, you are legally required to have a Privacy Policy in place that discloses how you intend to collect, store, and distribute this data.
Furthermore, your representations to customers are regulated by the Consumer Rights Act 2015. This Act is designed to protect consumers from unfair business practices, such as misleading and deceptive conduct. As such, you want to make sure what you're saying about your marketing services is accurate and does not deceive the consumer.
There are other laws that could apply, such as the Companies Act 2006 (which regulates how you register your company) and the Employment Rights Act 1996 (which regulates your legal obligations to employees). Get in touch with our team to learn more.
