How Does the GDPR Impact Social Media Marketing?
The GDPR has an impact on social media marketing, especially concerning how personal data is collected, processed, and used for targeted advertising. Social media targeting, a form of data processing, must adhere to GDPR requirements, including demonstrating a lawful basis for processing under Article 6.
Consent or legitimate interest typically serves as the legal basis, with stringent conditions ensuring that data subjects' rights take precedence over business profitability. Additionally, both social media platforms and advertisers are often deemed joint controllers, sharing responsibility for compliance, transparency, and responding to user rights such as access, erasure, and objection.
Joint controllers must clarify their respective roles, including handling data subject requests and conducting Data Protection Impact Assessments (DPIAs) for high-risk processing. Non-compliance can lead to significant fines, emphasising the need for robust data protection practices.
For businesses operating internationally, the GDPR’s extraterritorial scope means global companies must align their data practices with EU standards to avoid penalties. Ultimately, the GDPR prioritises user rights, requiring businesses to balance innovation in social media marketing with strict compliance obligations.