Rules and ethics
Part of UK rules for finance creators in 2027, kept as five separate questions
The contract decisions that protect a finance creator, from status to exit
Seven contract decisions help England finance creators define status, rights, approval, disclosure, data handling, payment and a workable exit.
These seven decisions belong in finance creators commercial contracts before work begins. They were selected on 5 September 2026 because each is tied to an official UK or Great Britain record and can change whether a creator should sign, revise or reject a deal. The order follows the working relationship and is not a ranking.
The list assumes a business-to-business commission governed by the law of England and Wales. It excludes employment agreements, consumer subscriptions, platform terms and personal legal advice. A solicitor should review the actual contract.
What to take away
- Contracts should name legal entities, signatories and intended status, but practice must match the label.
- Financial promotion responsibility must be clear, as contract wording cannot make an unlawful communication lawful.
- Copyright ownership stays with the creator unless agreed otherwise in writing.
- Data roles must be stated, with current privacy advice because ICO guidance is under review.
- Exit terms should cover cancellation, tax, expenses and removal of expired promotions.
1. Parties, status and authority
Name the legal entities, addresses and signatories. State the intended working status, but check that practice matches the label. Acas says employment status depends on the contract, what was agreed and how the parties work together. Its guidance covers Great Britain and distinguishes employment-rights status from tax status.
2. Deliverables and change control
Describe the content, channel, audience, dates, evidence supplied, accessibility work and revision limit. Require written approval for altered claims, images or calls to action. FCA guidance on approving financial promotions explains that an approver must assess the promotion against relevant rules. The contract should not pretend that one sign-off covers unknown future versions.
Add an acceptance process: who checks a draft, how long they have, what counts as a revision and whether silence has any effect. Keep creative approval distinct from legal or regulatory approval. Otherwise a request to change tone can be mistaken for permission to publish.
3. Financial-promotion responsibility
Identify who decides whether the item is a financial promotion, who can lawfully communicate or approve it, and who monitors it after release. FCA FG24/1 includes firms, influencers and affiliates in its scope. Contract wording cannot make an unlawful communication lawful.
4. Commercial disclosure and editorial control
Record payment, commission, gifts, discounts, loaned items and own-brand interests. Agree the visible label and who checks the live version. The CMA's guidance for brands describes brand responsibilities for briefing and checking creators. Preserve the creator's right to refuse unsupported claims.
5. Copyright and reuse
Specify ownership, licence, media, territory, duration, edits, paid amplification, archives and credit. The Intellectual Property Office explains that a commissioned work's creator is usually the first copyright owner unless the parties agree otherwise in writing. Do not grant rights that a music, image or data supplier has not provided.
6. Personal-information roles
State whether either party is controller, joint controller or processor for leads, audiences, competition entries and reporting. Cover instructions, security, subprocessors, transfers, rights requests, incidents and deletion. The ICO's controller-processor contract guidance is under review following DUAA changes, so obtain current privacy advice.
7. Fees, cancellation and exit
Set the fee, invoice event, tax treatment, expenses, cancellation payment, usage on termination and removal of expired promotions. GOV.UK explains when a business payment becomes late and the possible route to interest and recovery costs. The actual entitlement depends on the agreement and facts.
Include what happens if a regulator record changes, an approver withdraws consent or a source no longer supports the statement. Allocate the cost of correction and say whether already published copies, paid placements and partner archives must be withdrawn. A broad termination clause may not answer those practical questions.
Attach schedules for claims, sources, approvals and rights rather than hiding them in email. Stop negotiations when legal identity, status, promotion responsibility or data use cannot be stated plainly.
Before you act
- Name legal entities, addresses and signatories.
- Define deliverables, revision limits and acceptance process.
- Identify who approves financial promotions.
- Record all commercial interests and visible labels.
- Specify copyright licence, media, territory and duration.
- State data roles and security obligations.
Common questions
Who decides if a social media post is a financial promotion?
The contract should identify who decides whether the item is a financial promotion, who can lawfully communicate or approve it, and who monitors it after release. FCA FG24/1 includes firms, influencers and affiliates in its scope. Contract wording cannot make an unlawful communication lawful.
What should a contract say about copyright ownership?
Specify ownership, licence, media, territory, duration, edits, paid amplification, archives and credit. The Intellectual Property Office explains that a commissioned work's creator is usually the first copyright owner unless the parties agree otherwise in writing. Do not grant rights that a music, image or data supplier has not provided.
How should personal data roles be handled in the contract?
State whether either party is controller, joint controller or processor for leads, audiences, competition entries and reporting. Cover instructions, security, subprocessors, transfers, rights requests, incidents and deletion. The ICO's controller-processor contract guidance is under review following DUAA changes, so obtain current privacy advice.
