Seven checks for professional services marketing commercial contracts

What to take away

For professional services marketing, most firms treat the contract as the finish line. The advertising claims that won the work are the real exposure, and they must still be true on the day the work starts.
Every claim in a pitch or on a website should be evidenced before it is published, not assembled afterwards when a client queries it.
Data protection terms, consent records and martech integrations need a named owner inside the firm, not a supplier's default settings.
This checklist focuses on marketing to clients in England. UK-wide data protection and advertising rules are identified below; professional requirements depend on the firm's activity and jurisdiction.
It is general guidance. Individual contracts and campaigns need a qualified adviser.

Who should use this checklist?

Use it if you market a regulated professional service and you buy or sell through a written contract. Law firms, accountancy practices, consultancies and surveyors all fit. The inclusion criteria are simple: the firm advertises, holds client data, or pays a supplier to place its messages. Depending on your activity, check the requirements of the Solicitors Regulation Authority (SRA), Financial Conduct Authority (FCA), Institute of Chartered Accountants in England and Wales (ICAEW), Royal Institution of Chartered Surveyors (RICS) or Council for Licensed Conveyancers (CLC).

This article focuses on marketing to clients in England. The UK GDPR, Data Protection Act 2018 and PECR are UK-wide laws; the CAP Code covers UK non-broadcast advertising. Professional rules can vary by regulator and jurisdiction, so if you operate elsewhere in the UK, identify the requirements that apply to your particular service before signing.

The professional services marketing: UK rules and ethics pillar sets out which regulator covers which activity, and it is worth reading before you work through the list.

1. Are your capability claims evidenced?

A commercial contract often repeats the claims made during pitching. If the website says the firm handles a certain volume of matters, or wins a stated share of cases, that claim needs a record behind it. Keep the evidence with the signed contract.

Evidence for capability claims

Identify volume or share claims
Find the record behind each claim
Keep evidence with signed contract
Check ASA substantiation guidance

The CAP Code, officially The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, sets out the advertising rules. Rule 3.7 requires marketers to hold documentary evidence for objective claims before publication. The Committee of Advertising Practice publishes the Code, and the Advertising Standards Authority administers it and publishes substantiation guidance.

2. What does the client data clause actually permit?

Marketing teams often assume the engagement letter covers promotional use of client data. It rarely does. Check whether the contract permits case studies, testimonials or reference calls, and whether permission can be withdrawn. Where a supplier processes personal data on the firm's behalf, include a written data processing agreement meeting the UK GDPR's Article 28 requirements.

The Information Commissioner's Office (ICO) publishes direct marketing guidance for small organisations. Read it alongside the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) and the UK GDPR: the requirements depend on the marketing channel and recipient.

3. Can you show consent was recorded properly?

Consent is not a tick box on a form. Where you rely on consent for direct marketing, record what the person was told, when, and what they agreed to; PECR may also require consent for electronic marketing. If a contract transfers marketing data between parties, agree how consent records and objections will be passed on and kept up to date.

The professional services marketing data protection article explains lawful bases and retention points that commonly cause trouble. For personal data, check the UK GDPR and Data Protection Act 2018; PECR adds rules for electronic direct marketing.

4. Do your martech terms match what you promised?

Integration clauses are where marketing promises meet procurement reality. If the pitch promised a campaign dashboard or automated follow-up, the supplier terms need to allow it. Where a supplier processes personal data on the firm's behalf, its written data processing agreement should meet UK GDPR Article 28 requirements and set out sub-processor terms, security, assistance and return or deletion of data on exit. For a restricted international transfer, consider the UK International Data Transfer Agreement (IDTA) or the UK Addendum to the European Commission's Standard Contractual Clauses (SCCs), as appropriate.

LinkedIn's marketing partner directory may help identify available integrations, but it does not establish contractual rights. Verify each integration against the signed supplier terms, including permitted data sharing, sub-processors, access, security and what happens on termination.

5. Who signs off the campaign copy?

A named person should approve every claim before publication. In smaller firms this is often the fee earner closest to the work. In larger firms it may sit with a compliance function. Either way, the contract should not be signed until the sign-off route is clear.

6. What happens when the relationship ends?

Termination clauses decide whether you can keep using case studies, testimonials or joint branding. Specify who owns campaign copy, images and other assets, and the scope and duration of any IP licence, including whether it continues after termination. Set out approval and withdrawal rights, and treat client permission as separate from the supplier's IP licence.

7. How will you review the contract each year?

Set a diary date. Review the UK GDPR, Data Protection Act 2018, PECR, the CAP Code and any relevant professional rules, as well as platform terms. A clause that was sound two years ago may not be now. A short annual review, with a qualified adviser where needed, is cheaper than a complaint.

The seven checks above are a starting point for marketing to clients in England, including relevant UK-wide rules and applicable professional requirements. They are not legal advice, and individual cases need a qualified adviser.

Common questions

Does a commercial contract cover marketing claims automatically?

No. The contract governs the work. Claims made during pitching or on a website are advertising and are judged on their own merits, so keep evidence for both.

Can we use client names in case studies without extra consent?

Only if the contract or a separate permission allows it. If the client is an individual, treat the name as personal data and check the lawful basis.

Do these rules apply across the UK?

The UK GDPR, Data Protection Act 2018 and PECR are UK-wide laws, and the CAP Code covers UK non-broadcast advertising. This checklist focuses on marketing to clients in England; professional rules and regulators can vary by activity and jurisdiction. Firms in Scotland, Wales and Northern Ireland should confirm which professional requirements apply to their service.

How often should marketing clauses be reviewed?

Annually is a reasonable default. Review sooner if you change supplier, platform or the type of client data you handle.