Data protection in marketing and advertising according to GDPR – What Entrepreneurs Need to Know
Data protection in marketing and the protection of customer data have become much more regulated in the European Union in recent years. The GDPR (General Data Protection Regulation) and the DSA (Data Protection Act) have created clear rules to protect the privacy of users while guaranteeing the rights of companies. Especially in digital marketing, the use of AI technologies or the processing of customer data, careful compliance with these regulations is crucial. The AI regulation, which comes into force in 2024, brings additional requirements that companies must consider in their advertising practice.
The GDPR stipulates that companies may only process personal data if they have a legitimate basis for doing so. This includes, for example, consent of the person concerned, performance of the contract or an interest of the company. When processing data in marketing, companies must always check whether they have such a basis and whether they inform the data subjects about the purposes and duration of the data processing. In addition, the consent of users is often not sufficient if it was not given voluntarily and in an informed manner.
The DSA, which was adopted in 2023, further strengthens the rights of users. It obliges companies to carry out a risk assessment when processing data and to involve a supervisory authority if necessary. Companies must also provide transparent information about the processing of data and allow users to delete or correct their data. The AI Regulation also stipulates that AI systems that process personal data must carry out a risk assessment and, if necessary, obtain user consent.
The impact of these regulations is particularly noticeable for companies in the marketing and advertising sectors. They need to rethink their data processing, adapt processes and possibly use external data protection officers. At the same time, they also need to improve communication with users to build trust and minimize legal risks. The AI regulation also makes it clear that AI systems used in marketing must be reviewed not only technically, but also ethically and legally.
## What does this mean for your company? The new data protection regulations require companies to always be transparent, legally compliant and responsible when processing customer data. They must review their data processing, ensure consents and, if necessary, involve external experts. At the same time, they need to improve communication with users in order to build trust and avoid legal risks. The AI regulation also makes it clear that AI systems in marketing must be checked not only technically, but also ethically and legally.
## How ISN/xynap supports this The modules for infrastructure and AI in xynap offer a GDPR-compliant platform that supports compliance with data protection requirements in marketing. They enable secure and transparent processing of data and help to meet the requirements of the GDPR, DSA and AI regulation.