13th June 2024 | Emma Peacock | Employment, Digital Marketing, Employment Law

The digital marketing sector, characterised by rapid innovation and agility, faces unique employment law challenges, some old and some new.

As a business, adapting to technological advancements in addition to legal obligations is key to success.  We raise here, some key considerations of issues to watch out for:

  1. Contractual Arrangements:
    • Freelancers and Contractors: Many digital marketing roles involve freelancers or contractors. Businesses should aim to classify workers correctly to comply with employment tax regulations. HMRC is pushing forward with plans to look into contractual arrangements
    • Zero-Hour Contracts: These flexible arrangements offer agility but also require careful management to ensure fairness and compliance.
  2. Remote Work and Flexible Hours:
    • Remote Work Policies: As digital marketing teams will often be working remotely, businesses should establish clear policies covering remote work expectations, communication, and data security. Knowing who to contact and when is key.
    • Flexible Hours: Balancing flexibility with productivity is essential. Employers must address work-life balance and overtime compensation.
  3. Data Privacy and GDPR:
    • Marketing Data Handling: Digital marketers deal with customer data. Compliance with the General Data Protection Regulation (GDPR) is critical. This can be a complicated area and expensive if it goes wrong.
    • Consent and Transparency: Marketers must obtain explicit consent for data processing and provide transparent privacy notices.
  4. Intellectual Property (IP):
    • Content Creation: Digital marketing relies on content creation (blogs, social media, etc.). Businesses should clarify IP ownership in employment contracts, making it clear who retains what on any exit. Don’t make the common mistake of adding the IP clause and then having your employee simply sign without making it a deed.
    • Non-Compete Clauses: Restrictive covenants protect IP but must be reasonable and specific.
  5. Anti-Discrimination and Diversity:
    • Equal Opportunities: Employers must promote diversity and prevent discrimination based on race, gender, age, or disability.
    • Unconscious Bias: Training can help mitigate unconscious bias in recruitment and promotions.
  6. Health and Safety:
    • Remote Work Safety: Employers must ensure remote workers have a safe and ergonomic workspace and be aware of changes.
    • Mental Health Support: The digital marketing industry can be intense; mental health support is crucial.
  7. Agile Workforce Management:
    • Adapting to Change: The agile nature of digital marketing requires flexibility in workforce planning.
    • Consult Legal Experts: Seek legal advice tailored to your business needs, one precedent does not necessarily suit all and ensure you are aware of the ramifications of taking out that seemingly ‘innocuous’ paragraph. It could end up coming back to bite you.

In summary, the digital marketing sector thrives on innovation, but compliance with employment law remains paramount and behind all the advances taken. Businesses that proactively address these implications will navigate the evolving landscape successfully, putting the business in the best possible position as we move through 2024 and beyond.

If you want to find out more, contact Emma Peacock.

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