Running a marketing consultancy in 2025 can be incredibly profitable. Right now, the global digital marketing industry is valued at nearly $400 billion, with projections showing it could reach a staggering $1 trillion in seven years’ time. Businesses across every industry are looking to assert themselves in the digital space, standing out from the crowd while attempting to make an impact as fast as possible. And marketing consultants play a crucial role in making this happen.
Whether it’s through SEO, paid advertising, social media management, or influencer partnerships, the demand for expert digital marketing strategies has never been higher, and this makes now a great time to knuckle down and start building a business. But with great opportunity comes great responsibility. If you’re planning to start your own marketing consultancy, one of the first things you’ll be advised to do is to get coverage for professional errors, and there’s a very good reason for this.
Running a marketing consultancy in 2025 isn’t just about creativity and strategy, it requires navigating numerous legal, ethical, and operational challenges, all of which can lead to dangerous legal issues if not handled properly. With this in mind, we wanted to note the 5 most common legal issues marketing consultants face when running digital marketing campaigns for clients.
Intellectual Property Infringement
Perhaps the most common legal issue is intellectual property infringement, which can happen when using copyrighted images, videos, or music without proper licensing, or misusing trademarks in ads, social media, or promotional content. While it might sound simple enough to avoid, there are so many ways this kind of legal issue can trip you up, especially in the fast-paced world of digital marketing – which seems to get faster every day!
Data Privacy Violations
Another legal issue to look out for involves data privacy. Specifically, collecting, storing, or using consumer data without consent – something which breaches laws like the GDPR in Europe and the CCPA in California. Data is obviously going to be very important for your company, as it will help you recognise key audience insights and track campaign effectiveness. But failing to comply with data privacy laws can be deadly, especially considering the reputational damage a legal trial would result in.
Fake News
In order to be successful in your client’s campaigns, it’s going to be tempting to really emphasise their product’s benefits, to the point where the claims might be slightly exaggerated. This is something you should try to avoid, however, as regulatory bodies like the ASA, FTC, and ACCC have some of the strictest guidelines to ensure all claims are truthful. If you don’t follow these guidelines, you can easily find yourself in a legal battle that could take down your company in one fell swoop.
Influencer Slip-Ups
Over the last few years, influencers have been hugely influential in digital marketing, helping companies reach whole new audiences and build trust through credible endorsements. But if you’re venturing into the social media space with influencers, it’s important to note how easy it is to slip up. If you fail to disclose paid partnerships or sponsored content, for instance, it can lead to hefty fines and, once again, severe reputational damage. To avoid this, you need to ensure your labels and hashtags are as transparent as possible.
Contract Disputes
One last common legal issue that can befall your marketing consultancy involves contractual disputes, which can happen when miscommunication or vague agreements happen between marketing consultants and clients. Whether it’s disputes over deliverables, timelines, payment terms, or ownership rights of marketing materials, these conflicts can quickly escalate into legal battles that drain both time and resources.
Without a well-drafted contract in place, you can find yourself in a situation where your clients are demanding additional work beyond the original agreement, or refusing to pay for complete services, so it’s crucial to have one in the event that this happens. As well as this, as we mentioned previously, it’s important to have your own contract with a reliable insurance company, working to protect your company if this or any of the legal issues we’ve talked about become a reality.
