Marketers today face the challenge of providing personalized content to expecting consumers while respecting their privacy. This privacy is monitored closely through General Data Privacy Regulation (GDPR). This legislation provides guidelines to companies on how they obtain, store, manage and process the personal data of their audience. Follow along with GROWL as we walk through exactly what GDPR entails so you can ensure you're complying while also giving an excellent customer experience.
WHAT IS GDPR?
The General Data Protection Regulation (GDPR) was implemented in May 2018 to standardize different legislation privacy regulations. The introduction of GDPR means that companies are now required to build privacy settings into their digital marketing platforms and have them on by default. Not only do marketers have to consider these privacy settings during initial setup, but it’s also expected that organizations conduct privacy impact assessments to improve how they communicate data breaches as their organization grows.
In 2024, GDPR compliance became more nuanced. Enforcement bodies such as the European Data Protection Board (EDPB) have issued stricter guidance around profiling, AI use in marketing, dark patterns in consent forms, and cross-border data transfers. Companies must ensure that their marketing tools and practices align with these evolving expectations.
Today, it’s not just about having privacy settings "on by default." Organizations must prove they’ve conducted regular Data Protection Impact Assessments (DPIAs) and that data minimization—only collecting what's necessary—is being followed. If you're using tools like AI for personalization, it’s also important to evaluate the automated decision-making rules under Article 22 of GDPR.
WHY SHOULD I COMPLY WITH GDPR?
Now you might wonder, what happens if I don't follow these regulations? Besides losing the trust of your audience, non-compliance has steep consequences. Depending on the type of violation, you may see fines of up to $21 million or 4% of your global annual revenue, whichever is greater—but regulators have shown a greater willingness to pursue violations, especially around:
- Misleading consent practices
- Unlawful cross-border transfers
- Failing to implement adequate security measures
More than that, consumers now expect data privacy and transparency. GDPR compliance helps establish your brand as trustworthy, which can lead to higher engagement rates and stronger customer loyalty. At the end of the day, it's in your best interest (and your audience) to follow GDPR guidelines.
Now that you understand why GDPR exists and why you need to take it seriously, we can explore how it impacts your processes for personalization moving forward. There are four core areas of GDPR that marketers need to understand and act on: Data Access, Data Permission, Data Focus, and Data Intention.
DATA ACCESS
Before collecting new data, audit the information you already have. Map contact records, understand which touchpoints are gathering personal data, and identify what's truly necessary for your marketing strategy.
Use tools like HubSpot’s CRM and smart forms to minimize friction for returning visitors while ensuring compliance. Progressive profiling allows you to ask only what’s needed at each stage of the customer journey, helping maintain transparency and trust.
DATA PERMISSION
GDPR requires explicit, informed consent for marketing communication. That means:
- No pre-ticked boxes
- No bundled consent for multiple purposes
- Clear opt-in checkboxes for marketing communications
If a user provides their email to download an eBook, that does not imply consent for newsletter subscriptions—unless you clearly explain and ask for that consent. Every opt-in must be specific and granular.
DATA FOCUS
With the recent regulatory emphasis on data minimization, you must ensure you're not collecting more than necessary. This aligns with the principle of purpose limitation—only using data for the reasons stated at the time of collection.
Use personalization data purposefully and ethically. For instance, segmenting users by preferences or behavior can enhance relevance, but don’t collect sensitive information unless it’s absolutely needed and you have a clear legal basis.
DATA INTENTION
Transparency is more than a disclaimer—it's a dialogue. Consumers need to know:
- Why you're collecting data
- How you'll use it
- What benefits they'll receive
- Who has access to it
Make privacy policies clear and human-friendly. Communicate that personal data will never be sold or shared without consent, and reinforce this message across touchpoints—from pop-ups to emails.
Also, if you’re using AI or automation tools in your campaigns, consider how GDPR’s rules on automated decision-making may apply, especially if decisions could significantly affect a user.
NEXT STEPS
GDPR isn’t just a legal hurdle—it’s an opportunity to build stronger relationships with your audience. By focusing on transparency, purpose-driven personalization, and consent-first strategies, marketers can deliver better experiences while staying compliant.
Here’s what you can do today:
- Audit your forms and landing pages to ensure you have clear, specific opt-ins
- Update your privacy policy to reflect how you're using AI or third-party tools
- Run a DPIA if you're launching a new campaign or tech stack that processes personal data
- Use a Customer Relationship Management (CRM) tool to track and manage preferences across channels
Need help understanding how GDPR affects your marketing efforts? Schedule a free consultation today.