Here are five actionable steps for marketers in 2025 to keep their AI marketing tools above board.
Visionary science fiction writer Arthur C. Clarke famously proposed three laws of technology. The third law, perhaps the most cited, states: “Any sufficiently advanced technology is indistinguishable from magic.” As we stand in 2025, watching AI’s rapid evolution, it’s hard to ignore just how apt this comparison is.
Over the past two years, AI has transitioned from a buzzword to a tangible force reshaping industries. From content generation to hyper-targeted advertising, AI tools are everywhere. We’re in the era of AI magic – a phase marked by awe-inspiring capabilities and a flurry of innovation. But like all magic, the allure of AI marketing tools comes with its share of illusions and risks as marketers navigate this brave new world. This surge in AI adoption, while exciting, but has led to a critical oversight: the legality of these innovations.
For marketers, this oversight is a landmine. The rush to integrate AI into marketing strategies often skips a crucial step – ensuring that the AI marketing tools being used are compliant with data protection laws and industry regulations.
Legal Grey Area of AI Marketing Tools
The most pressing issue for marketers isn’t AI’s capabilities but the legality of its application. In practice, many AI tools operate on platforms where data ownership is murky at best. Even paid platforms, which might seem more secure, often retain ownership of data until a company is sold or undergoes significant structural changes.
For instance, AI marketing tools that generate content or process user data might not clearly define who owns the resulting data or how it is protected. This ambiguity is a significant concern, especially in regions with stringent data privacy laws like the GDPR in Europe or POPIA in South Africa.
The reality is that marketers cannot afford to ignore these risks. As businesses become more data-driven, the potential for breaches and legal challenges grows exponentially. And with AI advancing at breakneck speed, the regulatory frameworks are struggling to keep up, leaving marketers to navigate an increasingly complex and uncertain landscape.
Security Dilemma
The safest way to use AI is to deploy it on secure, private servers or to invest in premium platforms that guarantee data security. However, these solutions come at a cost – a cost that many smaller companies and independent marketers cannot afford. This creates a dilemma: either risk using less secure, budget-friendly AI marketing tools or invest heavily in secure alternatives and face slower AI adoption.
The challenge here isn’t just about money; it’s about time. The pace of AI development means waiting for clearer regulations or saving up for secure platforms could leave marketers lagging behind more daring competitors.
How to Use AI Without Breaking the Law
So, what’s the way forward? The first step is to engage with legal experts who understand both AI and the specific regulatory environment of your industry. Marketers need to collaborate closely with their legal teams to vet AI platforms, ensuring they comply with data protection laws and clearly define data ownership terms.
Here are a few actionable steps for marketers to bridge the AI legality gap:
1/ Audit AI tools thoroughly
Before integrating any AI tool, conduct a detailed audit focusing on data handling practices, security protocols, and compliance certifications.
2/ Prioritise secure platforms
Opt for AI platforms that offer clear data ownership terms and adhere to recognised security standards, even if they come at a premium.
3/ Update data protection policies
Ensure your data protection policies explicitly cover the use of AI, including data input, processing, and ownership rights.
4/ Stay ahead of regulations
Regularly consult with legal experts to keep abreast of emerging regulations governing AI and data privacy.
5/ Educate your team
Train your marketing team on the legal implications of using AI, focusing on data privacy, security, and compliance.
Slowing Down to Speed Up
The unfortunate reality is that ensuring compliance will slow down AI adoption in the short term. However, the alternative – rushing ahead without regard for legality – risks costly penalties, data breaches, and loss of consumer trust. For marketers, the magic of AI must be tempered with a healthy dose of caution and compliance.
The best approach is to balance innovation with responsibility, ensuring that every step forward is secure and sustainable. Because in the end, the true magic of AI will not just be in what it can do, but in how securely and ethically it can do it.
Originally published in Financial Mail
