In today’s digital world, social media has become an essential part of our daily lives, with millions of people using various platforms to connect with friends, family, and businesses. Social media platforms have revolutionised how people engage with each other and how businesses connect with their customers. However, concerns about data privacy have emerged with the growing use of personal data for advertising purposes. General Data Protection Regulation (GDPR) was introduced in 2018, significantly impacting how businesses use social media for marketing and advertising. This blog post discusses the impact of the regulations on business and social media.
Myths about GDPR and PECR
There are several myths that small businesses may have about social media, GDPR, and PECR. Here are five of them:
People are communicating on social media so that I can contact them.
GDPR and PECR only apply to large businesses, not small ones.
Obtaining explicit consent for data collection is too difficult and time-consuming.
Compliance with GDPR and PECR will harm my business’s marketing efforts.
GDPR and PECR are just another government bureaucracy that doesn’t benefit consumers.
In reality, these myths are not accurate. People may be on social media, but businesses must know regulations like GDPR and PECR to avoid hefty fines. These regulations apply to all businesses, regardless of size. Obtaining explicit consent may require a little effort to set it up, but ensuring compliance and building trust with customers is necessary. Compliance with GDPR and PECR can improve marketing efforts by building customer trust. Finally, GDPR and PECR protect individuals’ rights and information. It is their data. Just because they may give it to you or put something on social media does not mean you can use it.
GDPR and PECR
While most people have heard of GDPR and data protection, PECR is its lesser-known cousin. GDPR has been established to guarantee transparency in businesses’ use of personal data. Hence, businesses must have a legitimate reason for processing personal data, gather only essential data, and use the data fairly and transparently. Such regulations considerably impact firms that depend on social media for their marketing and advertising activities. Companies must obtain explicit consent from individuals to use their data for marketing objectives. For this, businesses must be upfront about the data they are collecting, its intended use, and with whom it will be shared. This also means you can not collect data for one purpose and automatically transfer it to another without permission.
PECR stands for the Privacy and Electronic Communications Regulations. These regulations work with GDPR to protect individuals’ privacy rights regarding electronic communications. Essentially, PECR regulates how businesses can use electronic communications to market their products or services. This means that businesses must obtain consent before sending marketing emails or text messages to individuals. Small businesses must understand PECR, as non-compliance can result in significant fines. By following PECR regulations, small businesses can build trust with their customers and ensure they operate ethically and responsibly.
The Impact on Social Media Advertising
Implementing GDPR and PECR has changed how businesses use social media advertising. Social media platforms like Facebook, Instagram, and X rely on personal data to personalise advertising to specific audiences. This means that businesses must be transparent about how they use personal data for advertising and allow individuals to consent to targeted advertising AND have the opportunity to opt out at any time. Consequently, businesses are shifting towards more generalised advertising on social media platforms as they face challenges in targeting specific audiences.
PECR and GDPR protect individuals’ privacy rights concerning electronic communications and ensure transparency in businesses’ use of personal data. By following these regulations, businesses can build trust with their customers and operate ethically and responsibly. These laws emphasise the significance of data privacy and make businesses responsible for using personal data. In the future, businesses are expected to continue using social media for marketing and advertising but must comply with GDPR and be open about handling personal data.
How to Implement Explicit Consent for GDPR and PECR
When implementing explicit consent for GDPR and PECR, businesses must provide individuals with a clear option to explicitly consent to targeted advertising. During data collection, this can be done through a pop-up message or a checkbox. Businesses must also ensure that their privacy policy is current and clearly explains how personal data is collected, used, and shared. By implementing explicit consent, businesses can build customer trust and ensure compliance with GDPR and PECR regulations.
The Future of Business and Social Media
The implementation of GDPR and PECR laws has emphasised the significance of data privacy and has made businesses responsible for using personal data. As a result, there has been a move towards more honest and ethical business practices. In the future, it is expected that businesses will still use social media for marketing and advertising. Still, they must follow GDPR and be open about handling personal data. This will establish trust with consumers and prevent businesses from facing substantial penalties for non-compliance.
Conclusion
To sum up, implementing GDPR and PECR has dramatically affected how businesses utilise social media for marketing and advertising. Businesses must adhere to GDPR and be upfront about how they handle personal data. This helps to establish trust with customers and prevents businesses from facing severe penalties for non-compliance. Businesses must prioritise data privacy and ethical practices as our society becomes more data-focused. By doing so, businesses can build a positive reputation and ensure a long-lasting relationship with their customers.
We believe in supporting businesses to understand data protection and embed it into regular practice. To learn more, check out here, or why not book a free discovery call to see how we can support you?
Privacy management can be a contentious issue. Isn’t it the business’s data when I have it? The data is out there, so why can’t I use it? Why should businesses care about the management of data and privacy?
History
The Universal Declaration of Human Rights in 1948, has one of the earliest statements towards the right to an individual’s privacy.
That was over 70 years ago, and the rights of an individual, in relation to privacy, are still being defined and redefined; 1973 and the first Data Act, in Sweden. The 1998 Data Protection Act in the UK and then, subsequently, the 2018 General Data Protection Regulations (GDPR), led to countries around Europe updating their own data protection laws.
Businesses have adapted and changed in 70 years, especially with the advancement and speed in technology. Hence the changes and updates in legislation, especially in relation to information sharing.
Privacy conflict
Businesses need data to run their businesses. Ideally, many businesses would say, they need to gather information to contact prospective clients and use that data as they want within their business. Look at the big tech companies, like Meta, Google and Amazon, who rely on the collection and ‘reusing/distributing’ of data as a fundamental cornerstone of their business. The selling of data can be a considerable income stream.
It is no wonder that businesses, no matter how big or small, have difficulties with privacy; especially when you have to balance the needs of the business with the needs of the individual. The individual has rights!
And there is the conflict. Many businesses argue either the information is out there or that the person has given it to them, so why can’t I use it the way they want to?
Good data management is good for business. Having everything in place can mean that things run smoother, and ore importantly, it can help reduce costs (especially in relation to software).
Who’s data is it?
GDPR set out to clarify the importance of privacy and data security. More importantly, it determines who the owner of the data is. The individual owns the data, and not the business. Businesses are, in effect, custodians of the information held by a living person. As a result, they have to follow the principles of the regulations.
Lawfulness, Fairness and Transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality
Accountability
In short, that means that businesses need to
Identify the legal reason for collecting and storing the information AND have a way of informing the individuals.
Ensure individuals’ rights are protected and acted upon.
Only use the information for the purpose it was collected. This means we can not collect information and then use it for whatever reason we want, regardless of it being in the public domain.
Only collect and store the bare minimum we need for the minimum amount of time we need to store it
Ensure that the information we keep is accurate and if not correct it
Ensure that the data is not lost or destroyed
Being able to show compliance with the legislation.
Managing privacy
Saying we are data protection compliant is not enough. Businesses need to prove it. Some key areas to look at are
Know your data
Map out what data you collect, save and keep; for what reason, and where it is.
Only use it for the purpose collected
One example of this is, networking contacts can not be added to your email marketing or send sales emails. They consented for you to have their details; they did not consent for you to add them to your email marketing
Keep it up-to-date and accurate
Account status, contact information, and payment history.
Assess, review, and update
Assess what documentation you have and need
Review for updates and changes in practice
Look at trends in data security
Secure it
Ensure that physical material is locked away securely
Ensure digital devices are secure and backed-up
Training
Train your staff on what is data protection, and IT security
Have policies and processes in place, so they know what to do
Keep records
log incidents and lessons learned
keep records of equipment, software
risk assessments and DPIAs
Sounds complicated?
It doesn’t need to be complicated. Help is at hand. As a data protection specialist, I am here to support and assist with your data protection woes. Why not get in touch?
How to spot the gaps before they turn into headaches
Since the UK formally separated from EU data laws, we’ve seen a lot change, but also, a lot stay the same. With the new Data (Use and Access) Actnow in force, small business owners are right to ask: “Is our GDPR still up to scratch… or are we running on a version from 2018?”
Here’s how to check — and what to do if you spot gaps.
🔍 1. Your Privacy Notice Still Mentions the EU GDPR
If your website talks about “GDPR (EU) 2016/679” but doesn’t mention UK GDPR or the Data (Use and Access) Act, it’s time for a refresh. ✅ Action: Update your privacy notice with the correct legal framework and lawful basis.
🔐 2. You’re Collecting Data… But Unsure Why
You might be capturing emails, forms, cookies, or call data, but can you clearly explain why and under what lawful basis? ✅ Action: Map out your data flows and match them to one of the six lawful bases under UK GDPR.
🧾 3. You’ve Never Reviewed Your Data Processing Agreements
Many SMEs still rely on generic contracts. But if you’re working with freelancers, agencies, or cloud tools (like CRMs or AI apps), you need solid Data Processing Agreements in place. ✅ Action: Review your contracts and plug any gaps, especially if AI tools are involved.
📥 4. You’ve Never Had a DSAR… And Would Panic If You Did
The new Act provides greater clarity around “vexatious” requests, but DSARs remain essential. If you don’t have a clear procedure, even one email from a customer can throw your whole system into chaos. ✅ Action: Create (or review) your DSAR procedure and train your team.
🧩 5. Your Team Isn’t Fully on Board
Policies are great — but if they live in a forgotten folder, they won’t protect your business. Everyone on your team should know:
How to handle personal data
What to do in a data breach
Who to speak to when in doubt ✅ Action: Include data protection in onboarding, regular check-ins, and team training.
🧭 Need a sanity check?
If you’re not sure where your gaps are — or what counts as “good enough” these days — you’re not alone. I help small businesses create calm, realistic data protection plans that don’t rely on jargon or fear.
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