Assessing Marketing Analytics Privacy

Overview

Marketing analytics processing — including customer profiling, behavioural targeting, cross-device tracking, programmatic advertising, and conversion attribution — triggers multiple DPIA criteria under WP248rev.01: evaluation/scoring (C1), systematic monitoring (C3), matching or combining datasets (C6), and potentially innovative technology (C8). This skill provides a DPIA methodology for marketing analytics processing, integrating GDPR obligations with ePrivacy Directive requirements for cookie-based tracking and PECR compliance for UK-based operations.

Legal Framework

GDPR Provisions for Marketing Analytics

• Art. 5(1)(b) Purpose limitation: Marketing data collected for one purpose cannot be repurposed for incompatible marketing without further lawful basis.
• Art. 6(1)(a) Consent: Required for most marketing profiling; must be freely given, specific, informed, and unambiguous.
• Art. 6(1)(f) Legitimate interest: May apply to direct marketing to existing customers (Recital 47) but requires balancing test for profiling.
• Art. 21(2)-(3) Right to object: Data subjects have an absolute right to object to processing for direct marketing purposes, including profiling related to direct marketing.
• Art. 22 Automated decision-making: Profiling that produces legal or similarly significant effects requires Art. 22(2) exception and Art. 22(3) safeguards.