Before you brief a talent agency, check the UK rules that apply

What to take away

• The most common mistake is treating compliance as a contract clause. Several duties, including tax and data protection, sit with the agency or the creator regardless of what the representation agreement says.
• Tax obligations follow the trading arrangement, not the label. Check the Money and tax guidance on GOV.UK before you sign anything.
• If you run outreach to a creator's audience, you need a lawful basis for that direct marketing under UK data protection law. The ICO's guidance on choosing your lawful basis sets out the test.
• The Equality Act 2010 applies to casting, representation decisions and how complaints are handled across England, Scotland and Wales. Individual cases need a qualified adviser.
• Score your own process against the rubric below before you brief an agency, not after a complaint arrives.

Which tax duties sit with the agency and which sit with the creator?

The label on the contract does not decide who owes what. HM Revenue and Customs looks at the actual trading relationship. A creator invoicing through a limited company has different duties from one paid as a sole trader.

Agencies that handle fees on a creator's behalf can pick up obligations around records and reporting. That is why the Money and tax guidance on GOV.UK is the right starting point before you agree a commission structure.

For a worked example, a team paying £400 a month in commission needs to know whether that figure is gross or net, and who accounts for VAT. Get that in writing.

Our wider UK rules and compliance guide for 2027 maps the rest of the duties, including record keeping and contract terms, in one place.

Do you have a lawful basis for marketing to a creator's audience?

Audience data is the commercial asset most agencies want to use. Using it for direct marketing needs a lawful basis, and consent is only one option. The ICO's page on choosing your lawful basis for direct marketing explains how to pick and document one.

Legitimate interests can work, but it requires a balancing test you can show on request. Consent needs a clear opt-in and an easy way to withdraw.

Write down which basis applies to each audience list before any campaign runs. If the agency cannot answer that question, treat it as a warning sign.

Disclosure of paid partnerships is a separate duty. Our disclosure policy guidance for England covers what audiences must be told and when.

What does the Equality Act 2010 require in casting and representation?

The Equality Act 2010 sets out protected characteristics and duties that apply to how talent is selected, represented and treated. Casting briefs that exclude a protected group need a genuine occupational requirement, not a preference.

Agency staff also need a route for raising harassment concerns. A policy that exists but is never used is not much protection.

The Act applies across England, Scotland and Wales. Northern Ireland has separate equality legislation, so a UK-wide roster needs both frameworks checked.

How should you score an agency's compliance before briefing it?

Use the rubric below as a desk check. Score each row from 0 to 3, where 3 means documented and evidenced.

Area	What good looks like	Score 0-3
Tax status	Written confirmation of who invoices and accounts for VAT
Data basis	A named lawful basis per audience list, recorded
Disclosure	A written process for labelling paid partnerships
Equality	Casting briefs reviewed against protected characteristics
Complaints	A named contact and a logged process
Records	Retention periods stated for creator and audience data

A total below 12 signals gaps worth fixing before you commit budget. A total of 15 or more suggests the basics are in place.

This is general guidance only. Tax, data protection and equality questions turn on individual facts, so take advice from a qualified adviser before acting on any of it.

Common questions

Does the Equality Act 2010 apply in Scotland and Northern Ireland?

It applies in England, Scotland and Wales. Northern Ireland has its own equality legislation, so check that separately if your roster covers the whole UK.

Can an agency rely on legitimate interests for audience emails?

Sometimes. The ICO expects a documented balancing test, and consent may be the safer route where the audience did not expect to hear from the agency.

Who is liable if a paid partnership is not labelled?

Responsibility can fall on the creator, the agency and the brand depending on the arrangement. Agree in writing who checks and publishes the label.

Is a compliance clause in the contract enough?

No. Tax, data protection and equality duties apply independently of what the contract says, so evidence matters more than wording.