B2B Podcastng Legal & Compliance Considerations: Avoiding Risk and Staying Protected
Do GDPR rules affect how I collect listener analytics in the UK/EU?
What counts as personal data in podcasting
Under GDPR, personal data is any information that can directly or indirectly identify a person. In podcasting, this could include:
- Email addresses from newsletter signups
- IP addresses tied to listening behaviour
- Behavioural data linked to identifiable users (such as CRM integrations)
Even though most podcast analytics are anonymised, linking those insights to specific individuals through gated content or custom UTM links can bring you under GDPR regulations.
If you collect or process listener data in the UK or EU, you need to treat it with care and transparency.
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Consent requirements for tracking and subscriptions
If you’re using cookies, tracking pixels, or analytics tools that collect identifiable data, you must obtain explicit consent. This applies especially to subscription forms, gated downloads, or private podcast feeds.
Consent must be:
- Freely given
- Specific and informed
- Easy to withdraw
Include clear opt-in boxes for any form of tracking or data collection, and make your privacy policy accessible on every landing page.
Email opt-ins must also comply with marketing rules, especially if you’re planning to contact listeners with promotional material later.
GDPR-compliant tools and practices
Choose podcast platforms and tools that prioritise data privacy. Look for GDPR compliance statements and built-in consent features.
Use analytics tools that anonymise IP addresses or allow you to toggle off user-level tracking. Make sure your newsletter platform has double opt-in settings and proper unsubscribe options.
Document all data collection methods and maintain an internal audit trail. This helps in case of any legal review or data request.
What disclaimers are needed if we discuss financial advice?
Legal requirements for financial and investment content
If your podcast touches on financial topics, investments, or strategies, you must make it clear that the content is for informational purposes only. Failing to include a disclaimer can expose your company to regulatory scrutiny and liability.
In the UK, financial promotions are regulated by the Financial Conduct Authority (FCA). You must avoid giving advice that could be interpreted as personal or regulated financial advice unless you’re licensed to do so.
The general rule: educate, don’t advise.
Sample disclaimer formats
Include a short, standard disclaimer at the beginning or end of any episode with financial content. For example:
“This podcast is for informational purposes only and does not constitute financial advice. Please consult a qualified professional before making any investment or financial decision.”
You can also add a written disclaimer in your show notes, website, and episode description to reinforce this message.
Make sure it’s clear, concise, and repeated when relevant.
Protecting your brand from liability
Always review financial topics carefully before publishing. Vet guest statements and avoid language that could be seen as endorsements, guarantees, or investment promises.
Maintain an internal process for compliance review if financial or legal topics are recurring themes on your podcast.
It’s better to sound cautious than to open your brand to reputational or legal risk.
How do I secure music licensing for intro/outro themes?
Copyright basics for podcast music
Music used in podcasts is subject to copyright law. That includes intro and outro themes, background music, and transition sounds. Using copyrighted music without permission can result in takedowns, copyright strikes, or legal action.
Even a few seconds of a popular song can trigger automated claims on platforms like YouTube or Spotify.
All music in your podcast must either be licensed or original.
Licensing options: royalty-free, creative commons, custom
You have several options for licensing music legally:
- Royalty-free libraries: Sites like Artlist, PremiumBeat, and Epidemic Sound offer pre-cleared music for a flat fee or subscription.
- Creative Commons: Some music is free to use under certain conditions. Always check the licence terms and provide attribution if required.
- Custom compositions: Commissioning original music ensures full control and exclusivity. This is ideal for branded shows or premium productions.
Choose the option that aligns with your budget, production values, and legal comfort.
Avoiding takedowns and claims
Keep proof of all licences or agreements in your files. Label each music file with its source and usage rights.
Avoid using music from public platforms unless it’s specifically marked as cleared for podcast use. YouTube audio libraries, for example, are often not valid for off-platform content.
If you switch platforms or republish your podcast as video, recheck licence terms to ensure you’re still compliant.
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What are the risks of mentioning competitors on-air?
Legal lines between fair comment and defamation
You can reference competitors in your podcast, but you must be careful not to cross into defamation. UK law defines defamation as making a false statement that damages someone’s reputation.
Fair comment or opinion is allowed, especially in business analysis or commentary. However, the statement must be based on facts and clearly framed as opinion.
Stick to verifiable data, avoid emotional language, and never speculate on intent.
How to discuss competitors without liability
If you need to reference a competitor, focus on facts:
- Their product features
- Their pricing
- Their publicly available marketing claims
Frame comparisons around what your audience should consider, rather than what your competitor lacks.
Avoid saying a competitor is “bad” or “misleading.” Instead, say, “Our platform includes X, which some other tools in the market don’t offer.”
This phrasing keeps the conversation professional and focused on value.
Using comparison content responsibly
Comparative content can be powerful when done well. Make sure your claims are:
- Accurate and current
- Based on publicly available data
- Reviewed internally before publishing
If possible, cite your sources and include disclaimers like “as of [date]” or “based on public information.”
Responsible comparison builds credibility. Reckless commentary risks your reputation and invites legal action.
How do I vet guest claims to avoid defamation?
Why due diligence matters in B2B interviews
Your podcast guests represent your brand. If they make exaggerated, false, or defamatory statements, you could be held liable as the publisher.
This is especially important in B2B where guest credibility affects trust, and inaccurate statements could impact companies, competitors, or public perception.
Basic vetting is not just about legal protection, it’s about quality control.
Pre-screening content for red flags
Before publishing an episode, review the guest’s claims:
- Are statistics cited or verifiable?
- Are any individuals or companies named in a negative context?
- Are strong opinions supported by facts?
Flag anything that could be challenged or misinterpreted. If in doubt, clarify with the guest before finalising the edit.
Avoid publishing episodes that include unverified allegations, inside information, or content that could be seen as misleading.
Setting guest guidelines and disclaimers
Send your guests a pre-recording guide that includes:
- A reminder not to disclose confidential information
- A request to avoid defamatory language
- A statement that content may be edited for accuracy and compliance
Include a disclaimer in your guest release form that the views expressed are those of the guest and do not necessarily reflect your organisation’s views.
This protects both parties and creates a smoother production process.
Contact us for help launching or growing your B2B podcast
We support B2B companies with end-to-end podcast strategy, production, content repurposing, and growth planning. Whether you’re launching from zero or building a media engine, we can help.