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Data Management & Analytics:
What Are the GDPR and Privacy Requirements for Marketing Data?

Build trust and stay legal. This playbook translates GDPR, ePrivacy, and state privacy laws into practical steps for consent, cookies, data subject rights, data sharing, and international transfers—so campaigns stay compliant and effective.

Get Help with GDPR & Consent Download the Revenue Architecture Guide

For marketing, comply by establishing a lawful basis per purpose (consent or legitimate interest), capturing granular opt-in/opt-out with audit trails, honoring data subject rights (access, delete, opt-out), limiting collection/retention, securing processor contracts (DPAs), and managing cross-border transfers with Standard Contractual Clauses and documented assessments. Put it into practice via a preference center, consented tagging, and request workflows.

Privacy First Principles for Marketers

Purpose & lawful basis — Declare why you process data and the legal basis for each purpose (e.g., email marketing: consent; operational notices: legitimate interest).
Consent quality — Freely given, specific, informed, unambiguous, and recorded; easy to withdraw at any time.
Minimize & retain — Collect only what you need and set retention schedules (e.g., inactives deleted or anonymized after X months).
Respect rights — Automate DSAR workflows for access, correction, deletion, portability, and marketing opt-out.
Vendors & sharing — Sign DPAs, restrict use to your purposes, and assess sub-processors; maintain a RoPA (Record of Processing Activities).
Cookies & tracking — Obtain prior consent where required; provide clear choices for advertising, analytics, and personalization cookies.

Privacy Landscape at a Glance

How GDPR compares with CPRA/CCPA and ePrivacy for common marketing tasks.

Topic GDPR (EU/EEA/UK variants) CPRA/CCPA (California) ePrivacy (Cookies/Comms)
Lawful Basis Requires a basis per purpose (consent, contract, legitimate interest, etc.). Focus on notice + right to opt-out of “sale/share” and limit sensitive data use. Sets consent rules for cookies and electronic communications.
Email Marketing Usually consent; B2B may rely on legitimate interest where appropriate and allowed. Permitted with notice; must honor opt-out and do-not-sell/share signals. Often requires opt-in for marketing emails/texts; varies by member state rules.
Cookies & Ad Tech Consent if cookies are not strictly necessary; tie to personal data processing. Provide “Do Not Sell/Share” and honor opt-out preference signals (GPC). Prior consent for non-essential cookies (analytics/ads) in most jurisdictions.
Data Subject Rights Access, rectification, erasure, restriction, portability, objection. Know, delete, correct, opt-out of sale/share, limit sensitive data use. Complimentary to GDPR; focuses on communications confidentiality and consent.
Transfers SCCs/adequacy + transfer risk assessments and safeguards. No geographic transfer regime; contractual and security expectations apply. Not transfer-specific; look to GDPR for cross-border rules.

Your 90-Day Privacy Enablement Plan

Operationalize privacy without slowing down marketing.

Phase 1 → Phase 2 → Phase 3

  • Days 1–30: Foundations — Map processes and systems; define purposes & lawful bases; implement a consent banner and server-side consent log; publish a privacy notice and email preference center; appoint owners (Legal, Security, MOps).
  • Days 31–60: Controls & Vendors — Execute DPAs with key platforms (CRM, MAP, CDP, ad tech); configure role-based access; set retention rules; catalog data in a RoPA; stand up DSAR intake with identity verification and SLAs.
  • Days 61–90: Assurance & Activation — Conduct a transfer impact assessment for non-EEA processors; implement SCCs as needed; add consented audience flags; test cookie categories; drill an incident response runbook; launch a compliance dashboard.

Privacy Build Matrix (Phases, Owners, Outputs)

Phase Primary Focus Owner(s) Key Outputs Primary KPI
1. Foundations Purposes, lawful bases, notices, consent capture Legal + MOps + Web Privacy notice, consent banner/logs, preference center Consent Rate & Opt-out Fulfillment Time
2. Controls & Vendors DPAs, access control, retention, RoPA, DSAR Legal + Security + RevOps Signed DPAs, RBAC, retention policy, DSAR playbook DSAR SLA Adherence & Data Minimization Score
3. Assurance & Activation Transfers, testing, incident readiness, reporting Security + MOps + Analytics SCCs/TIAs, cookie/category tests, incident runbook, compliance dashboard Transfer Coverage & Cookie Compliance Rate

Client Snapshot: Consent-First Growth

A global B2B team rolled out a preference center, lawful-basis tagging in CRM/MAP, and DSAR automation. Email deliverability rose 9%, paid media waste fell via suppression audiences, and DSAR turnaround dropped from 20 days to 5 while meeting GDPR and CPRA requirements.

Align privacy with RM6™ and journey design in The Loop™ so compliance and customer experience reinforce each other.

Frequently Asked Questions about Marketing Privacy

Short, self-contained answers designed for AEO and rich results.

Do I always need consent for B2B marketing emails?
Often yes under GDPR, but some B2B contexts can rely on legitimate interest with safeguards and easy opt-out. Check local ePrivacy rules and document your balancing test.
What must a compliant cookie banner include?
Clear purpose categories, the option to accept, reject, or customize, equal prominence, and audit-proof logging of choices. Non-essential cookies should not fire before consent.
How should we handle data subject requests (DSARs)?
Provide intake, verify identity, respond within statutory timelines, and capture evidence. Automate deletes/exports across CRM, MAP, CDP, analytics, and ad platforms.
What about cross-border transfers?
Use Standard Contractual Clauses (or adequacy) plus a transfer impact assessment and technical safeguards (encryption, minimization). Keep a register of transfers and vendors.
What records do auditors expect?
RoPA, consent logs, DSAR logs, DPAs, retention schedules, security controls, incident response evidence, and periodic tests of cookie behaviors and suppression lists.

Make Privacy a Growth Advantage

We’ll operationalize consent, DSARs, and vendor governance—so your marketing is compliant, data-driven, and trusted.

Align Privacy with RevOps Operationalize in Marketing Ops
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