Artificial intelligence (AI) is transforming marketing and sales by enabling automation and personalization at scale. However, it also raises legal and ethical challenges. Key regulations such as the German Copyright Act, the EU General Data Protection Regulation (GDPR), the German Unfair Competition Act, and the German Trade Secrets Act set strict rules on using copyrighted material, data protection, transparency, and accountability. Companies must ensure that AI is used responsibly and in full legal compliance.
AI-Generated Content: Copyright and Accuracy
It is important to understand that AI tools can unintentionally reproduce copyrighted material, creating risks of infringement. Conversely, purely AI-generated texts or images may lack human creativity and therefore not be protected by copyright, allowing others to reuse them freely. In this regard, companies remain legally responsible for the accuracy of AI-generated content and for ensuring that no copyrighted or licensed content is used in the output. False or misleading information, for example in product descriptions, can violate Unfair Competition regulations. Human review before publication ("human in the loop") is therefore essential. As AI systems can also unintentionally expose confidential data, clear internal policies and staff training are crucial to prevent such leaks.
Data Protection: Consent, Profiling, and Tracking
AI-driven marketing often depends on processing personal data. Under the GDPR, this requires explicit consent or another valid legal basis. Automated campaigns, email marketing, and lead scoring typically need prior opt-in consent to comply with both GDPR and Unfair competition law. Profiling and automated decisions that significantly affect individuals are only permitted if explicit consent or human oversight is provided. So, transparency is key: users must be informed about data collection and AI processing. Tracking tools such as cookies or behavioral analytics also require consent. Companies should therefore record consents, define responsibilities with AI providers, and apply a "compliance by design" approach from the start.
Automated Advertising and Chatbots
AI chatbots and automated advertising are considered "electronic communication" under Unfair Competition law, which means promotional contact requires prior consent. Bots cannot be used to bypass spam regulations. Advertising must always and clearly be recognizable as such. Companies are liable for misleading or incorrect information provided by chatbots just as they are for human employees. Regular monitoring, testing, and conservative programming help prevent errors and manipulation.
Transparency and Human Oversight
Transparency and accountability must guide all AI use. Businesses should clearly disclose when AI systems play a significant role and document model decisions and human interventions. Continuous human oversight is essential to correct errors, ensure fairness, and maintain trust.
Conclusion
AI offers powerful tools for innovation, efficiency, and personalization in marketing. Yet these benefits come with legal responsibilities. Compliance with data protection, competition, and confidentiality laws is non-negotiable. With clear policies, transparency, and continuous oversight, companies can harness AI's potential safely and lawfully.
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