Challenges and Opportunities for Businesses in the Age of Advertising and Data Protection
The digital age has completely transformed the way companies interact with their customers and potential consumers. Marketing, once limited to traditional means such as postal mail or phone calls, has found fertile ground in the digital world to multiply its channels and reach. Email, SMS, social media, apps, and push notifications are just some of the means through which companies reach millions of users daily.
The GDPR and the LOPDGDD (General Data Protection Act) have established a clear legal framework for how personal data should be managed in the context of sending commercial communications. Despite this regulation, business reality reveals a persistent gap between theoretical compliance with the law and its practical application. Many organizations, due to ignorance or negligence, continue to engage in practices that violate the rights of data subjects, exposing themselves not only to significant financial penalties but also to reputational damage that is difficult to repair.
One of the most important principles in data protection is the consent of the data subject.. According to the GDPR, consent must be free, speciific, informed and unequivocalYoI callThis means that users must be aware that they are authorizing the use of their data for advertising purposes and must be able to easily grant or withdraw their consent. However, in practice, these principles are not always respected.
It's common to find forms where consent is obtained through pre-checked boxes or ambiguous terms that confuse the user. Furthermore, on many occasions, Users do not have the option to refuse the processing of their data for commercial purposes and this means not being able to access an essential service.. This practice, known as forced consent, is not only illegal, but also erodes consumer confidence in the company.
On the other hand, legitimate interest exists as an alternative legal basis for sending commercial communications. Although this concept is recognized in the regulations, its application requires a prior impact assessment and the possibility for the data subject to easily opt out of receiving these communications. Too often, companies rely on legitimate interest without conducting the proper assessments, turning this legal basis into a fast-track solution to justify practices that, in many cases, do not meet established standards.
Another critical aspect in sending commercial advertising is the managementprotection of the rights of interested parties, especially the right to objectUsers should be able to quickly and easily unsubscribe from marketing communications, and this option should be available in every communication sent. However, it's still common to find companies that make this process difficult, either by hiding the unsubscribe option, requiring cumbersome procedures, or simply ignoring users' requests.
In addition, the practice of share databases with third parties for sending commercial communications adds an additional layer of complexity. Companies acting as data controllers and processors must ensure that any data transfer is carried out on a legal basis and that data subjects have been duly informed of this possibility. Failure to comply with this requirement can result in severe penalties and, once again, irreversible reputational damage.
Data protection authorities, such as the Spanish Data Protection Agency (AEPD), have increased their efforts to enforce regulations regarding commercial advertising. The financial penalties imposed in recent years have been considerable, reaching millions of dollars in some cases. But beyond the financial impact, companies face a much greater risk: reputational damage.
In an environment where consumer trust is a critical asset, a bad prData processing practices can erode years of building a strong brandUsers are increasingly aware of their rights, and in a hyperconnected world, a complaint that goes viral on social media can have a devastating impact on a business.
Regulatory compliance cannot be seen as an obstacle to business strategies, but rather as a fundamental pillar for their long-term success. Companies must understand that proper management of personal data not only reduces the risk of sanctions but also strengthens trust with their customers.
To achieve this, it is essential to have clear data protection policies, invest in ongoing employee training, implement periodic audits, and, above all, adopt a proactive approach to managing data subject rights. The role of the Protection DelegateData Protection Officer (DPO) plays a key role in this scenario, since its work is not only to ensure regulatory compliance, but also to advise and support the company in the integration of ethical and responsible practices.
He EIP Business School's Professional Master's Degree in Data Protection Auditing, Risk Management, and Cyber Compliance guarantees specialization in data protection and regulatory compliance, so you can develop professionally in the fields of consulting and auditing.
Access all the information in our Professional Master's Degree in Data Protection Auditing, Risk Management, and Cyber Compliance and find out more related entries in our DPO blog.
