Key Takeaways:
- GDPR applies to social media marketing when you target or collect data from EU or UK residents, even if your business is based in the U.S.
- Using Facebook or TikTok doesn’t guarantee GDPR compliance. Businesses remain responsible for how personal data is tracked, used, and shared.
- Personal data includes more than contact details. Cookies, IP addresses, device IDs, images, and user-generated content are all protected under GDPR.
- Clear, purpose-specific consent is required. Data collected for one reason—like a purchase—can’t be reused for marketing without explicit opt-in.
- Noncompliance carries real enforcement risk. Regulatory actions against major platforms show that social media marketing is actively scrutinized under GDPR.
If your business uses Facebook for marketing, you may wonder whether you need to take special precautions for GDPR with social media. Facebook’s Business Help Center seems to put your concerns to rest: “Businesses who advertise with the Facebook companies can continue to use Facebook platforms and solutions in the same way they do today.”
That sounds reassuring. But in 2023, the Irish Data Protection Authority issued fines against Meta worth nearly half a billion dollars for GDPR violations. So, which is it? What responsibilities does your organization have for GDPR compliance related to social media?
Does GDPR Apply to Social Media Users?
GDPR provides broad privacy protections and gives users significant rights over their personal data online, which includes social media activity. If your company is subject to GDPR laws, you must follow the framework’s privacy and security principles in all social media interactions, such as targeted Facebook advertising, user analytics, and lead generation strategies.
Who must comply with GDPR? There are three main groups:
- Any company based in the EU or UK
- International businesses that sell or market products to people who live in the EU or UK
- Companies that gather data on EU or UK residents for business purposes
GDPR doesn’t apply to businesses, but it does cover the individuals who work at those companies. There’s nothing wrong with reaching out to an official business email listed on social media to explore sales opportunities. But tracking down Facebook profiles for BMW employees and marketing to them would be a GDPR violation.
Social Media Platforms for U.S. Businesses
Managing GDPR in the U.S. can get tricky because there are a lot of gray areas. These questions can indicate how far you need to go for GDPR with social media platforms:
- Do you sell products to people or businesses in the EU or UK?
- Do you have an office location in Europe, or are you looking to expand your operations there?
- Are you gauging the potential market interest of people in the EU or the UK?
- Do your marketing efforts include social media ads in Spanish, French, Italian, German, and other languages spoken in the EU?
If any answers are yes, then GDPR compliance is probably a must. On the other hand, if your social media efforts focus on North America, the fact that some European users happen to pop into your comments doesn’t automatically mandate GDPR protections.
How Does GDPR Impact Social Media Marketing?
GDPR changes many aspects of marketing that can seem normal for enterprises in the U.S.
Personal Data
The GDPR definition of personal data doesn’t just include real names, phone numbers, or credit card data. Unique identifiers like cookies, device IDs, and IP addresses also count.
User Consent
In general, user consent is required for every interaction involving someone’s personal data, from tracking their purchases to sending them marketing communications. Many organizations obtain this consent online with a pop-up that explains the proposed use and encourages users to opt in.
Purpose Limitation
Under GDPR, your company can only use personal data for purposes that the user has agreed to. For example, if someone gives you their email address to receive a receipt for their purchase, you can’t use the address for marketing unless the individual also opted into that type of communication.
Special Categories
GDPR is especially strict with sensitive categories of personal data, such as race and biometrics, which include images. Misunderstanding how GDPR applies to photos is a common GDPR violation. You have to get specific consent for these categories, such as a separate opt-in box for photos instead of just “your data.”
Right To Deletion
If the individual declines, you can’t process their data at all, even basic website tracking cookies. EU residents also have the right to withdraw consent. You must delete any of their non-anonymized data within a reasonable time frame.
How Can You Comply With GDPR for Social Media?
In addition to the general privacy and security requirements related to storing personal data that your organization must follow for GDPR compliance, social media marketing in the EU requires a few specific actions.
Ensure Your Chosen Platforms Are GDPR Compliant
As the data controller, it’s your responsibility to make sure any third-party platforms you partner with are GDPR-compliant. You must also have a signed data processing agreement that outlines the scope of data gathering, processing, and other activities.
Not all platforms are compliant, or stay compliant. There have been multiple issues between GDPR and TikTok related to ads targeting underage users (below 13 or 16, depending on the member state), public-by-default settings, age verification controls, and parental consent.
Follow GDPR-Safe Social Media Practices
Even seemingly routine social media activities can violate GDPR. In the EU, user-generated content always belongs to the individual, not the platform.
Creators must have meaningful choice in how their content is used, so you have to get permission to share quotes, images, videos, or posts. Even employers must get permission before sharing images of workers in promotional content.
Get Consent for Marketing Before Making Offers
Social media marketers need to get used to the GDPR’s “double consent” process. You must first ask for consent to gather a user’s data (i.e., your privacy notice). Only then can you show a second form with marketing offers, such as email sign-ups or product giveaways.
Plan Ad Retargeting and Remarketing Campaigns Carefully
You can’t take personal data gathered from sales to market to someone later — unless you get explicit consent. Similarly, for Facebook to be GDPR compliant, your ads can’t track users to other platforms or your website, unless they agree to it. To adhere to these rules, Facebook places EU residents in anonymized “buckets” and serves users ads based on their group instead of personal identifiers.
Enterprise Solutions for GDPR Social Media Compliance
In a nutshell, adhering to GDPR with social media is about carefully managing data practices and storage. Technology platforms like Compyl give enterprises unprecedented control. Compyl helps you integrate the GDPR framework throughout your marketing, data processing, and compliance activities, including cybersecurity and vendor management. Request a quote to see the advantages for your organization.
