Marketing 101: Legal Basis explained for Marketers

The marketing world has changed. Marketing has become data driven. In the realm of modern marketing, personal-data-centric strategies are the most influential.

We, at #marketection will argue that creating marketing campaigns without understanding data protection regulations is just like operating a car without understanding road signs.

On what lawful basis are you looking to process the personal information of your leads?

Article 6 Section 1 of the General Data Protection Regulation (GDPR) is the first step for processing data in an ethical way.

Lawfulness of Processing for the purposes of direct marketing

Article 6 Section 1 defines all the legal basis for processing personal data according to EU Law. Although, I find the GDPR to be one of the "easier" laws to understand, we will break it down for you:

So first, understand that Article 6 Section 1 of the GDPR outlines the permissible grounds for processing personal data.

Simply remember this: Article 6 = Legal Basis for processing personal data.

Legal Basis Article 6 is essential for Marketers!

Marketers, whose endeavours heavily rely on data collection and processing, must navigate these legal bases with precision and clarity.

Otherwise you will keep asking your DPO questions like: “Do I need consent for this?” and wait an entire week for a response because your DPO has answered this question probably a thousand times.

You may say now: “Oh I have already so much on my plate, I can't learn all the legal basis in the GDPR.”

Well, #marketection understands something many lawyers probably don't: Pragmatism.

Within the expansive landscape of GDPR, only two key legal bases emerge as particularly relevant to marketers: Consent and Legitimate Interest.

1. Consent: One way you are permitted to collect & use data is consent. Ethical, freely given, specific, informed, and unambiguous consent. It is not easy to collect consent, so if you collect it you may at least do it in the right way.
2. Legitimate Interest: Secondly and probably even more important to understand for you is: Legitimate Interest. It is an absolutely vital legal basis for data processing in marketing. Marketers can leverage legitimate interest when the processing of personal data is necessary for their interests, provided that such interests are not overridden by the rights and freedoms of the data subjects. Careful consideration and documentation are essential to demonstrate compliance with GDPR principles. This is why we are here to show you how to careful consider & document Legitimate Interest. So that you can put the reputation of your business FIRST.

Benefits of knowing Article 6 GDPR for marketers

Mastering Article 6 Section 1 of the GDPR offers myriad benefits for marketers:

• Value enhancement: The legal basis of consent & legitimate interest will automatically force you to raise you level of providing value to the audience. Gaining consent is difficult. It is not easy. You have to provide a lot of value. Want to move away from it? You can! But you have to provide even MORE value to operate without consent. Everything is about the value you provide and contribute into society.
• Resource Allocation: By understanding their legal basis for data processing, marketers can allocate resources more effectively. Whether prioritizing consent-driven initiatives or pursuing strategies aligned with legitimate interests, clarity on legal grounds informs strategic decision-making.
• Targeted Campaigns: Compliance with GDPR empowers marketers to execute targeted campaigns with confidence. From obtaining valid consent to navigating complex scenarios such as opt-outs and profiling, adherence to legal frameworks ensures ethical and effective marketing practices.
• Personalization: GDPR compliance lays the foundation for responsible data-driven personalization. Marketers can confidently tailor their strategies while respecting individual rights and preferences, whether based on consent or legitimate interest.

In the competitive landscape of modern marketing, adherence to data protection regulations is not just a legal obligation but a strategic imperative.

Marketers who prioritize understanding and compliance with Article 6 Section 1 of the GDPR gain a competitive edge, creating trust with consumers and safeguarding their brand reputation.

In conclusion, a deep understanding of the legal basis for data processing under GDPR empowers marketers to navigate the complexities of modern marketing with confidence and integrity. By embracing ethical and compliant practices, marketers can forge stronger connections with their audience while mitigating legal risks in an increasingly data-driven world.

Best

Amer

#marketection