Rules and ethics
Part of PR agencies rules and ethics: a UK legal and ethical guide
UK PR agency regulations: email data checks and commissioned-image copyright
Check PR agency email marketing against PECR and UK GDPR, document objections, and agree copyright ownership for commissioned images before appointment.
Use a PR agency shortlist to compare proposed work, not just service descriptions. Ask each candidate how it would handle marketing contact data and commissioned images. Put those questions into the agency brief, so the appointment decision rests on specific answers, supporting records and agreed responsibilities.
Separate email marketing from personal-data processing
PECR is the Privacy and Electronic Communications (EC Directive) Regulations 2003. The ICO's electronic mail guidance says PECR sets the rules for sending electronic mail marketing. Using personal information for that marketing also requires compliance with the UK GDPR and the Data Protection Act 2018.
PECR marketing rules generally apply equally to corporate and individual subscribers. The rule on marketing by electronic mail does not apply to corporate subscribers. The UK GDPR applies when personal data is processed for direct marketing, even in a business context. Ask the agency to separate those assessments.
An individual's personal data being publicly available does not mean they agree to its use for direct marketing. Ask where each proposed contact came from and what use is intended. Make the data protection check about the actual contact information and campaign, rather than accepting a general assurance about public sources.
Check collection, lawful basis and objections
When collecting someone's details, an organisation must tell them that it intends to send electronic mail marketing. Ask the agency to show the collection wording it proposes to use. Record the intended marketing purpose alongside that wording, and check that the proposed campaign matches the recorded purpose.
If an organisation relies on consent to send unsolicited electronic mail marketing, its lawful basis for processing personal information is likely to be consent. An organisation using a soft opt-in is likely to rely on legitimate interests as its UK GDPR lawful basis. Ask the agency to identify its proposed approach and supporting evidence.
People have an absolute right to object to direct marketing. If someone exercises that right, the organisation must stop using their personal information for direct marketing purposes. Ask who will receive objections, who will act on them and how the agency and client will check that the requested change has been made.
Keep the assessment of permission to send separate from the assessment of the lawful basis for processing personal information. Ask for an explanation of each. Do not treat the words "consent", "soft opt-in" or "legitimate interests" as a completed assessment without the reasoning and evidence behind the proposed approach.
Agree commissioned-image copyright
For a commissioned image, GOV.UK copyright guidance explains that the creator will usually be the first legal owner of copyright when an organisation commissions a third party, unless there is an agreement to the contrary. Ask for the relevant agreement before commissioning the work.
If an employee creates an image in the course of their employment, the employer is the first owner of copyright unless there is an agreement to the contrary. Include the Copyright, Designs and Patents Act 1988 in the copyright review. Record whether the proposed creator is an employee or a commissioned third party.
The creator of an image may assign, or transfer, copyright to another person. Ask the agency to distinguish a proposed transfer from permission to use the image. Put ownership, intended uses and the relevant agreement into the contract terms, rather than leaving the answer within a production email chain.
Describe the intended use before approving the commission. Ask whether the proposed agreement addresses publication, adaptation and future reuse as intended by the client. These are questions to settle in the agreement, not assumptions to make from the production fee or the fact that an image has been delivered.
Example: questions for an agency pitch
Use the same questions across shortlisted agencies, then compare the answers against the proposed work. Add the resulting records to an onboarding checklist. The example questions connect each decision to a named regulation or copyright issue, without treating the table as permission to proceed.
| Proposed work | Named check | Example question for the agency |
|---|---|---|
| Electronic mail marketing | PECR | What subscriber category are you using, and what assessment supports the proposed sending approach? |
| Processing marketing contact data | UK GDPR and Data Protection Act 2018 | What personal information will you process, for what purpose and on what lawful basis? |
| Collecting contact details | Electronic mail marketing disclosure | Show the wording that tells people you intend to send electronic mail marketing. |
| Handling a marketing objection | Right to object to direct marketing | Who will stop the use of the person's information, and how will completion be checked? |
| Commissioning an image | Copyright, Designs and Patents Act 1988 | Who will be the first copyright owner, and what agreement addresses ownership and intended uses? |
Example request: "For the proposed email activity, identify the subscriber category, the PECR assessment and the UK GDPR basis. Show the collection wording and explain how objections will be handled. For each commissioned image, identify the creator and attach the agreement covering ownership and intended use."
Use the answers in the appointment decision
Compare the evidence attached to each answer, not the confidence of the pitch. Use a selection checklist to distinguish an agreed responsibility from an unanswered question. If a candidate proposes a different sending approach or ownership arrangement, ask it to explain that difference before comparing the offers.
Before approving the task, check that the final brief still matches the assessed activity, contact information and image agreement. Keep those records with a quality checklist. If the scope changes, identify which earlier decisions need revisiting instead of carrying approval across to a different campaign or commission.
