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Rules and ethics

Part of Questions to ask a content marketing agency before you sign

Questions to ask a content marketing agency before you sign

Use this checklist of questions to ask a content marketing agency, covering fees, ownership, GDPR, ASA rules and reporting before you sign a UK contract.

What to take away

  • Ask about fees, deliverables and ownership before you discuss creative ideas.
  • Check how the agency handles personal data under the Data Protection Act 2018.
  • Confirm who approves advertising claims, so output meets the CAP Code.
  • Get named team members, timelines and reporting dates in writing.
  • Test one project before you commit to a 12-month retainer.

Lead with money, ownership and exit terms

Most pitches start with a showreel. Buyers do better by asking commercial questions first. An agency that cannot explain its fees in plain figures is a risk. Ask what the retainer covers, what counts as extra, and how much notice you must give.

Commercial questions before signing

  • Monthly fee and included deliverables
  • Pricing for extra work
  • Ownership of copy, images, design
  • Notice period to end agreement
  • Written production schedule with dates

Ownership catches buyers out. Ask for written confirmation that copyright and image licences transfer on payment. Subcontracted freelancers can complicate this if the agency has not secured rights from them. Our guide to content marketing agency contract terms covers the clauses that cause the most disputes.

Ask what happens when deadlines slip. A written production schedule, with dates for drafts and review rounds, gives you something to point at. If they cannot produce one, that tells you how the account will run.

Compliance questions for UK campaigns

Data protection rules touch more campaigns than buyers expect. A lead magnet, a webinar sign-up list or a gated report all involve personal data. Ask which lawful basis the agency uses and where the data is stored. The ICO's guide to data protection for organisations sets out controller and processor duties.

UK compliance questions to ask

  • Lawful basis for personal data
  • Where data is stored
  • Data processing agreement ready
  • Who answers subject access requests
  • Tools and suppliers touching data
  • Who signs off advertising claims

The Data Protection Act 2018 sits alongside UK GDPR and shapes how those duties work day to day. Ask whether a data processing agreement is ready to sign and who answers subject access requests.

Ask which tools and suppliers touch your data. A US-based email platform changes the compliance picture, so the answer should name each provider.

Advertising claims need equal care. Paid social posts, sponsored articles and influencer content all fall under the CAP Code. The advertising codes published by the ASA cover misleading claims, testimonials and paid-partnership disclosure. Ask who signs off each claim before publication.

Who actually does the work?

Ask for the names and roles of everyone on your account. Senior names often appear in the pitch and vanish after signature. A written team list, with a named editor, makes that easier to enforce.

What a strong answer looks like

Who writes the copy?
Named writers with samples in your sector
Who edits and fact-checks?
A separate editor with a review step
How is regulated content handled?
Claims checked against the CAP Code
What happens if a writer leaves?
A cover plan and handover notes
How much work is subcontracted?
Figures set out in the contract

Warning sign

Who writes the copy?
"Our team" with no names
Who edits and fact-checks?
Writers publish directly
How is regulated content handled?
Client carries all the risk
What happens if a writer leaves?
No continuity plan
How much work is subcontracted?
Vague answers about partners

Subcontracting is normal. Hidden subcontracting is not. Ask what share of the work goes to freelancers and whether you will be told when that changes.

What to ask about sector experience

Sector knowledge shortens the learning curve. Ask which clients the agency has served in your market and what it produced for them. Ask for two examples with figures attached, such as organic sessions or leads, and the dates they cover.

Be careful with claims you cannot check. Ask how the agency measured the result before you accept it. Attribution is easy to overstate when several channels run at once. Third-party tools can flatter a channel that would have grown anyway.

Agree measurement and access before you start

Fix what success looks like at month one, month three and month twelve. Ask for a sample report and a live dashboard before you sign. Vague talk about brand awareness makes renewal decisions harder.

Check who owns the analytics accounts, the domain and the CMS. You should hold admin access to each. Our guidance on how to brief a content marketing agency lists the targets worth fixing at kick-off.

Common questions

How many agencies should we shortlist?

Three to five works well. A longer list makes comparison harder without improving quality. Ask every agency the same questions so the answers line up.

Should we ask for client references?

Yes, and ask for one client who left. Former clients tend to be candid about reporting, deadlines and account management.

What if the agency refuses a data processing agreement?

Treat that as a warning sign. Written terms between controller and processor are expected under UK data protection law. Keep personal data out of scope, or walk away.

Do we need a trial project first?

A paid pilot on one channel is a cheap way to test quality. Fix the fee and the delivery date before it starts.

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