AI Marketing & Automation

Data Strategy, Privacy & GDPR Compliance

GDPR compliance is not a checkbox exercise. For businesses using AI tools that process personal data, the compliance requirements are specific, the risks are real, and the regulators are increasingly active. EXPRE helps UK businesses ensure their websites and AI-assisted marketing operations are GDPR compliant — with a privacy-by-design approach built in from the outset.

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Why GDPR Compliance Matters More with AI

When AI processes personal data, several GDPR obligations become more complex. Automated decision-making involving personal data requires a lawful basis and, in some cases, the right for individuals to request human review. Profiling, which many AI marketing tools perform, carries specific transparency requirements.

Large language models raise new questions about data retention. If personal data is included in prompts sent to a third-party AI service, where does that data go? How long is it retained? Is it used for model training? These questions need clear answers before AI tools are deployed in contexts involving customer or employee personal data.

The ICO has published guidance on AI and data protection, making clear that GDPR applies fully to AI systems. Businesses that treat AI tools as exempt from their data protection obligations are carrying risk that is likely to grow rather than diminish.

Our Data and Privacy Services

GDPR Audit

A GDPR audit from EXPRE covers inventory of personal data collected through your website and marketing tools, review of your privacy notice for accuracy and completeness, cookie consent implementation review, assessment of third-party data processors and their data processing agreements, and review of AI tools against GDPR requirements for automated processing.

The audit produces a written report with a prioritised remediation plan. Each finding includes a description of the compliance gap, the associated risk level, and the recommended action.

Cookie Consent Management

Cookie consent is one of the most visible aspects of GDPR compliance and one of the most commonly implemented incorrectly. Pre-ticked consent boxes, consent banners that do not actually prevent cookies from loading, and consent that is not granular enough are all common problems.

EXPRE implements consent management platforms — Cookiebot, OneTrust, or Usercentrics — that provide genuine prior consent, granular category control, and the consent records that demonstrate compliance to regulators. We also ensure that analytics and marketing tags only fire when consent is given.

AI Data Handling Policies

For businesses using AI tools in their marketing operations, a written AI data handling policy is an increasingly important compliance document. It records which AI tools are used, what personal data each tool processes, the lawful basis for that processing, and what human oversight exists.

We help create these policies and implement the technical controls that underpin them: data minimisation in AI prompts, audit logs of AI-assisted decisions, and processes for responding to individual rights requests that touch AI-processed data.

Privacy-by-Design Development

Built In, Not Retrofitted

For new website builds, EXPRE applies privacy-by-design principles from the outset. This means collecting only the personal data that is genuinely necessary, implementing appropriate technical security measures, building in data retention and deletion mechanisms, and ensuring that consent and rights request processes work correctly at launch.

Privacy-by-design is significantly less expensive than privacy-by-remediation. Building compliance into a new site costs a fraction of what it costs to audit, remediate, and re-test a site that was not designed with compliance in mind.

The Cost of Getting It Wrong

ICO fines for serious GDPR breaches can reach four percent of global annual turnover or £17.5 million, whichever is higher. Enforcement has increased significantly since GDPR came into force. Beyond regulatory fines, data breaches and privacy failures damage customer trust in ways that are difficult and slow to recover from.

The cost of compliance work is modest compared to the downside risk — particularly for businesses handling significant volumes of customer data or operating in regulated sectors.

Our GDPR Audit Process

1

Data Inventory

We inventory personal data collected through your website and marketing tools: what data is collected, where it is stored, who can access it, and what third-party processors handle it. This is the foundation for everything else in the audit.

2

Compliance Gap Analysis

We review your privacy notice for accuracy and completeness, assess cookie consent implementation, check data processing agreements with all relevant third parties, and review your AI tools against GDPR requirements for automated processing. Each gap is documented with a risk level and remediation recommendation.

3

Remediation Implementation

We implement the practical fixes: consent management platform setup, privacy notice updates, DPA reviews and updates, data minimisation controls for AI tools, and any technical security measures identified in the audit. We focus on the highest-risk items first.

4

Ongoing Compliance Monitoring

GDPR compliance is not a one-time project. Regulations evolve, AI tools change, and your data flows shift as your business grows. We provide ongoing compliance reviews and keep you informed of regulatory developments relevant to your use of AI and marketing technology.

Frequently Asked Questions

Do small businesses need to worry about GDPR?
Yes. GDPR applies to any organisation processing personal data of UK or EU residents, regardless of size. Small businesses face proportionate enforcement, but the obligations are real. If you collect email addresses, run analytics, or use remarketing, GDPR applies to you.
Is our existing cookie banner sufficient for compliance?
Probably not, if it was implemented before 2021 guidance updates or by a developer without specific compliance knowledge. We audit cookie implementations regularly and find gaps in the majority of them — particularly around pre-loading of tags before consent is given.
Can we use AI tools like ChatGPT for marketing without GDPR issues?
You can, but you need to understand and manage the data flows. Personal data should not be included in prompts without a clear lawful basis. Enterprise versions of AI tools with data processing agreements are generally safer to use with personal data than consumer versions.
What is a data processing agreement and do we need one?
A DPA is a contract with third parties who process personal data on your behalf. You need one with every vendor who processes personal data for you, including your website hosting provider, CRM, email platform, and AI tool vendors. Many vendors provide standard DPAs on request.
How long does a GDPR audit take?
A standard website and marketing technology audit takes two to three weeks. The remediation work that follows takes longer, depending on what is found. We provide a clear timeline after the initial scoping conversation.

Get Your Data Compliance in Order

Contact EXPRE for a free consultation. We will assess your current GDPR compliance position and identify the most pressing areas to address — including your use of AI tools that process personal data.

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Data compliance sits at the intersection of your website, AI tools, and marketing operations.

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