Liability insurance for a content marketing agency
An agency works with its own people, hired-in creatives and third parties' property at locations it does not manage itself. After a loss the first question is always who was responsible that day.
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In brief
In an agency the centre of gravity shifts from the public and employers' liability insurance to the chain. You direct a production in which a photographer, a videographer and a stylist take part, often as self-employed people. If someone from that team damages a customer's fittings, your agency is held liable, because you took on the assignment. Whether that claim passes on to the creative themselves depends on your agreement with them and on their own insurance.
If such a freelancer works under your direction and supervision, your duty of care extends to them as well. Article 7:658(4) of the Dutch Civil Code makes you responsible for the safety of everyone who carries out work for you, whatever the type of contract. At a production in a warehouse, on a building site or around machinery that is not theory: falls from height, forklifts and lifting are real risks there. Ask every creative you hire in for a certificate of insurance and record for each production who is in charge.
Look critically at your customer contractsas well. Agencies often sign indemnities in which they take on all claims about the content used. Liability you accept by contract that goes further than liability in law is not insured. For disputes about those contracts there is business legal expenses insurance; for errors in the work itself there is professional indemnity insurance.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What to look out for
Four points that are more often decisive for an agency than the size of the sum insured.
Who is responsible on set
A production involves a client, a location owner, your agency and a number of self-employed people. After a loss those parties point at one another. Record in writing for each assignment who is in charge of production, who hands over the location and who brings what equipment. In reality that document determines where the claim lands.
Hired-in creatives and your duty of care
Freelancers, trainees and casual workers count towards the employers' liability section if they work under your direction (Article 7:658(4) of the Dutch Civil Code). Declare their number correctly in the application; too low a declaration touches the duty of disclosure in Articles 7:928 and 7:930 of the Dutch Civil Code and can limit the payout.
What falls outside the cover
Excluded are pure financial loss such as failed campaigns and reprint costs, infringement of copyright, trade mark rights and image rights, fines from regulators, equipment and sets you have in your in your care, liability you accept by contract on top of liability in law, and intent under Article 7:952 of the Dutch Civil Code.
Office, guests and rented space
If you receive customers, hold shoots in your own studio or organise events, your premises are a place of risk. Check whether tenant's liability is included for fire and water damage to the premises rented. Your own contents and equipment you insure separately through business contents insurance.
What does your premium depend on?
- Annual turnover: split between editorial, production and strategy
- Wage bill and permanent staff: the basis for employer's liability
- Hiring in freelancers: counts towards your duty of care on set
- Number of productions on location: decisive for the risk of damage to third parties' property
- Contractual requirements from clients: large customers often specify a minimum
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| Your junior breaks the lift door in the customer's building with a sack truck full of set panels | Yes | No |
| A visitor falls off the stage in your own studio during a customer presentation | Yes | No |
| A cameraman on your team flies a drone into the customer's facade cladding | No | No |
| A mailing sent to the wrong list costs the customer customers and he claims for reputational damage | No | Provided that |
| The customer holds your agency to the signed indemnity for a claim about reused images | No | No |
| The customer demands the production costs back because head office rejected the video | No | Provided that |
What you accept by contract over and above what the law imposes on you falls outside both policies.
Frequently asked questions
This is what people ask us most.
A photographer we hired in damaged our customer's shop fittings.
The customer will hold your agency liable, because you took on the assignment. Your insurer assesses whether the agency is liable and can then seek recovery from the photographer if he made the mistake himself. That only works if you can show what you agreed with him and whether he had cover of his own.
Our customer requires an indemnity for all rights claims. Is that possible?
You can sign it; insuring it is usually not possible. Liability you take on by contract that goes further than what the law imposes on you falls outside the cover. Infringement of intellectual property is excluded in any event. Limit the indemnity to content you supply yourself and exclude material supplied by the customer.
An employee was injured during a shoot in a factory.
Injury to your own staff falls under the employers' liability section, provided that is included. The insurer tests whether you met your duty of care under Article 7:658 of the Dutch Civil Code: a location inspection beforehand, instruction on the house rules and personal protective equipment. Report the loss in good time, because Article 7:941 DCC requires you to do so.
We process customer data for email campaigns. Does that fall under this?
No. The AVB covers injury and damaged property, not data risk. Remediation costs, forensic investigation and claims from data subjects after a leak belong on a cyber insurance. An administrative fine remains excluded everywhere. Enter into a data processing agreement with every client and limit the number of employees with access to the files.
Every situation is different. For these situations we have a separate page.
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