Questions to ask a media buying agency before you sign: UK checklist

What to take away

Ask for the legal entity and signatory before any pitch scoring; a trading name is not a contracting party.
Require a written data map and a named lawful basis under UK GDPR.
Confirm who clears copy and spots against Ofcom rules.
Fix fees, media liability, audit rights and exit duties in the agreement.
Compare answers side by side, not presentation quality.

Start with the legal entity and the contract

Before you score strategy, check who you are hiring. A media buying agency may trade under a group name while the contract sits with a separate company. Ask for the registered company number, the ultimate parent and the person who can sign. Verify the filing history on Companies House, including accounts and any change of name.

Legal entity checks before signing

Registered company number
Ultimate parent company
Named signatory
Companies House filing history
Accounts and name changes
Liability for cancelled campaigns

Use the answers to test whether the entity can carry the media liability you ask it to take.

If the agency buys on your behalf, the contract should state who is liable to the publisher or platform when a campaign is cancelled or under-delivered. Compare commercial contract terms across shortlisted firms: written terms matter more than the pitch deck.

Ask whether group companies or subcontractors can enforce any part of the agreement. If they can, name them and state their role.

Ask how the agency handles data and targeting

Audience targeting often involves sharing customer lists, CRM segments or platform audiences. Ask for a campaign data map: what data leaves your systems, who receives it, where it is stored and when it is deleted. The ICO's UK GDPR guidance hub sets the standard for lawful processing, consent and international transfers.

Campaign data map questions

What data leaves your systems
Who receives it
Where it is stored
When it is deleted
Who is controller or processor
Breach notification process

Test the answer with a scenario. If the agency uploads a customer list to a platform, who is the controller and who is the processor? What happens if a data subject objects? A good agency will name the lawful basis and show the retention period, not just say it is compliant.

Ask for the security measures too. Who can access the platform account? Is two-factor authentication required? What is the breach notification process and how quickly would you be told?

Check Ofcom compliance and clearance

Broadcast media buying carries clearance duties. The Communications Act 2003 sets the framework for Ofcom and the advertising codes, so ask who signs off copy and spots before booking. If the agency also buys on platforms, separate platform policy from UK code.

For TV, radio and video on demand, ask for the clearance workflow. Who checks the script, the voiceover, the end tag and the substantiation? If the agency uses a specialist, name that specialist in the agreement.

Ask how the agency separates UK advertising rules from platform policies, because a rejection on one does not explain the other. Request the name of the person who handles pre-clearance and the record they keep. If a campaign is pulled, who tells you and within what time?

Compare the commercial answers in a table

Use a table to force evidence, not adjectives.

Compare the commercial answers

Evidence to request

Legal entity: Registered number, filing history, signatory
Data and targeting: Campaign data map, lawful basis, deletion dates
Clearance: Named pre-clearance contact, approval log
Fees and media: Fee stack, media cost, technology and VAT lines
Audit and exit: Audit rights, buy log, account ownership, stop rule

Red flag

Legal entity: Trading name only, no named signatory
Data and targeting: We are compliant without a record
Clearance: No record of who approved the spot
Fees and media: One blended rate with no split
Audit and exit: No exit plan or data ownership clause

Test fees, audit rights and exit

Ask for a worked example on a budget of £100,000 in media. Show the agency fee, platform or publisher cost, technology charges and VAT separately. A percentage fee on media can reward spend, so ask what happens if the plan changes. Fixed fees may need a scope cap.

Check audit rights. Can you inspect the trading desk, see the buy log and reconcile invoices? Ask for a stop rule if performance falls below an agreed threshold. Exit matters too: who owns the accounts, the audience data and the creative assets after the notice period?

If the agency trades programmatically, ask for the fee stack in writing. Platform fees, data fees and verification costs should appear as separate lines. A blended rate hides the margin.

Common questions

What is the single most important question to ask a media buying agency?

Ask who is legally responsible when a booking is wrong. The answer should name the contracting entity and the person who signs off media liability. If the answer is vague, do not sign.

How do we check data-sharing under UK GDPR?

Request a data map and a lawful basis for each audience segment. Check whether the agency acts as controller or processor and confirm deletion dates in writing. Keep the record with the contract.

What should be in the agency agreement before we sign?

Put fees, media liability, audit rights, data ownership and exit duties in the agreement. Name any group companies and their permitted roles. Add a stop rule and a workable notice period.