UK online advertising T&Cs: lawyers' checklist for reviewing publisher-advertiser (Programmatic Direct) deals, including impressions, makegoods, pricing models, brand safety, data protection (UK GDPR/DPA/PECR), liability and termination.

Published by a LexisNexis TMT expert

Checklists

Checklist

Use this Checklist when assessing online advertising terms and conditions, where a publisher (the owner of a website, app or other digital platform) sells advertising space on its platforms to advertisers (brands or advertising/media buying agencies acting for those brands) on a direct basis (Programmatic Direct).

Where appropriate, this Checklist may operate as the starting point for straightforward, non-binding heads of terms. For direction on preparing these, see Precedent: Heads of terms—commercial contracts. For a specimen set of a publisher’s standard terms, see Precedent: Online advertising terms and conditions.

As you work through the Checklist, the third column can be used to note observations or comments. Employ it to record notes while progressing through each item.

Further information

Notes (if any)

Parties

☐ Verify each party’s legal status and whether the advertiser will contract in its own capacity or via an advertising agency. In some situations an advertiser will enter into the agreement itself; in others, it may appoint an advertising agency that contracts as principal on the advertiser’s behalf. Also confirm whether any agency will contract as principal...

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Josey Bright

Harbottle & Lewis

Josey is an associate solicitor at Harbottle & Lewis in the Media and Entertainment Group, specialising in advertising and marketing arrangements. Josey has particular experience advising on creative agency and media buying agreements, as well as ad production agreements and agreements for influencer services, content production and adtech platforms. She also advises on general advertising regulation and consumer protection compliance and prize promotion terms, as well as on data privacy aspects of marketing and digital media....

Web page updated on 20/05/2026

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