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Tools and providers

Part of How to choose creator contracts tools and providers for your agency

Verify the sources a creator contracts tool says it follows

Verify the rules a creator contracts tool claims to follow: a five-step source check, the CAP Code, CMA and ICO pages to open, and questions for suppliers.

What to take away

  • Treat every compliance claim a supplier makes as something to verify against the regulator's own page.
  • Ask the supplier to name the rule, code or guidance behind each claim, then open that source yourself.
  • Expect four source families at minimumthe CAP Code and ASA guidance, the CMA's consumer law duties, the ICO and the Data Protection Act 2018, and HMRC for tax.
  • Ask for the version date of every code or standard a supplier cites.
  • Keep a record of each check; an auditor will ask to see it.
  • Take advice from a qualified adviser on your own contracts and tax position.

Treat every compliance claim as a claim

A supplier's compliance claim is only as good as the document behind it. Ask which rule, code or reference page each claim rests on, then open that page yourself. Five steps make the habit repeatable, whichever creator contracts tool you are looking at.

  1. List every compliance claim made in the demo or the brochure.
  2. Ask the supplier to name the rule, code or guidance behind each one.
  3. Open that source on the regulator's own site.
  4. Note the version or review date you can see on the page.
  5. Record what you found beside the claim, with the date you checked.

A claim with no named source stays unverified. That does not make the tool bad, but it should not earn credit when you compare suppliers side by side.

Fix the jurisdiction before you open any source

State which jurisdiction you operate in before you read a single page. England, Scotland, Wales and Northern Ireland share most advertising rules through the CAP Code, but data protection and some trading rules differ, so a source that fits one nation may not fit another.

Inclusion criteria checklist

  • Draft a sponsorship agreement
  • Attach an ad disclosure schedule
  • Route approvals
  • Store the signed version
  • Export a report
  • State your jurisdiction
  • Weight five criteria before pricing

Write the requirements down at the same time: draft the agreement, attach an ad disclosure schedule, route approvals, store the signed version and export a report. Set them before you see any pricing, so a cheap tool with no audit trail cannot win on cost alone.

Match each claim to the source that should answer it

Each claim has a home. The table pairs the claims you will hear most often with the page that settles them, so you open the right document first and do not rely on the supplier's summary.

The claimSource to openWhat to look for
Labels ads correctlyCAP Code Section 2, and the ASA guidance on recognising ads in social media and influencer marketingA label field that matches rule 2.1
Meets consumer lawCMA guidance on social media endorsementsWhat a brand must make clear to followers
Handles personal data lawfullyData Protection Act 2018, UK GDPR, ICO guidanceA stated lawful basis and a retention period
Is registered with the regulatorICO register of fee payersThe supplier's entry
Is safe for programmatic placementIAB UK Gold Standard letterThe commitments signatories make
Handles tax correctlyHMRC, VAT Notice 700The general VAT treatment of fees and commission

Check disclosure claims against the CAP Code

Disclosure claims rest on Section 2 of the CAP Code, which covers the recognition of marketing communications (rules 2.1 to 2.4). Rule 2.1 requires marketing communications to be obviously identifiable as such, so a tool's label field should map to it.

The ASA's own guidance, "Recognising ads: social media and influencer marketing", sets out when a post needs an "ad" label and where the label has to appear. Sponsorship content must be obviously identifiable as an ad, and the UK rules are the place to read the full position.

The ASA is not the only regulator. The Competition and Markets Authority is the lead authority for hidden advertising under consumer law, and a creator who uses hidden ads may be in breach of consumer protection law and face a substantial fine.

Under the Digital Markets, Competition and Consumers Act 2024 the CMA can now act directly against unfair commercial practices, including endorsements that mislead, rather than going to court first.

Check data claims against the ICO

For personal data in creator records, the framework rests on the Data Protection Act 2018, and the Information Commissioner's Office is the regulator that enforces it. Ask which lawful basis under the UK GDPR the supplier relies on, and ask for the answer in writing.

The options carry different duties: consent (Article 6(1)(a)), performance of a contract (Article 6(1)(b)), a legal obligation (Article 6(1)(c)) and legitimate interests (Article 6(1)(f)). The retention period follows from the basis chosen, so a supplier that cannot name one cannot justify the other.

The ICO publishes a register of fee payers that can be downloaded as a dataset, which lets you check whether a supplier has registered. The ICO's guidance on lawful basis and on storage limitation is the reference document to hold the supplier's answer against. See also creator contracts data protection.

Ask for the version date

Rules are revised, and a tool built on an old summary of the CAP Code will not carry you through a campaign that runs for months. Ask for the version date of every code or standard a supplier cites, and compare it with the date on the regulator's page.

Source check questions

  • Which lawful basis is assumed?
  • Which regulator source does each feature follow?
  • What is the version date of each code?
  • Does it cover IAB UK Gold Standard placement data?
  1. Which rule, code or document does this feature follow?
  2. Which version or date of it does the tool reflect?
  3. Where can I open the original source myself?
  4. Who at the supplier answers compliance queries?

Digital ad supply chain standards matter when a sponsorship includes programmatic placement. The IAB UK Gold Standard letter explains the commitments signatories make, which can affect how a tool records placement data. HMRC is the authority for tax, and a supplier's template does not settle any of it.

See what a source check changes

The check changes what you can defend. The table shows the same decision before and after you open the sources, from the shortlist through to sign-off.

StageBefore you check sourcesAfter you check sources
Supplier shortlistChosen from search results and demosFiltered by the rules and datasets each tool cites
Contract templateGeneric influencer agreementAgreement with a disclosure schedule tied to the CAP Code
Data retentionDefault settingsRetention and lawful basis recorded in writing
ReportingScreenshots saved manuallyExport showing who approved each disclosure
Sign-offVerbal approvalNamed approver and date in the audit trail

Build the source questions into your questionnaire

Turn the four questions into a short questionnaire and send it to every supplier, so the answers compare. Add: where is the data stored, who can export it, and what happens when a creator deletes their account.

Add an exit question as well: if you leave the platform, what happens to stored contracts and disclosure records, and in what format are they returned. Keep the answers with the signed sponsorship agreement, so a future disclosure query has a paper trail.

Where a supplier's answers raise doubts, move to a fuller vendor due diligence review. Where the questionnaire is settled, approval routing is the next job. For the wider choice of providers, read the tools and supplier guide.

Common questions

Which source should I check first?

Start with the CAP Code and the ASA's enforcement pages, then check the Data Protection Act 2018 if you hold creator personal data. Add the CMA's guidance on social media endorsements for anything a follower sees, HMRC for the tax treatment of the payment, and the IAB UK Gold Standard only if programmatic placement is involved.

What if a supplier cites no source?

Treat the claim as unverified and say so in your notes. Ask for the source in writing, and score the supplier on the answer rather than on the claim.

Can a supplier guarantee my campaign is compliant?

No. A supplier can support your process, but responsibility for the sponsorship agreement and its disclosures stays with the advertiser or agency that publishes the content.

Is this legal or tax advice?

No. It is general guidance. Contract terms, VAT and data protection duties depend on your own facts, so check HMRC's own guidance on the tax treatment of the payment and take advice from a qualified adviser before signing.

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