DIGITAL MARKETING
How to use AI marketing tools legally in South Africa
Before you roll out your shiny new AI strategy, consider this: Is it legal? Here are five ways to stay above board.
Visionary science fiction writer Arthur C Clarke famously proposed three laws of technology. The third law, perhaps the one that is most cited, states: “Any sufficiently advanced technology is indistinguishable from magic.” An apt comment in reference to AI, given its rapid evolution.
Over the past two years, AI has transitioned from a buzzword to the name of a tangible force that is reshaping industries. Tools of this technology are being used in everything from content generation to hypertargeted advertising. 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 for marketers. This surge in AI adoption, while exciting, has led to a critical oversight: the legality of these innovations. The rush to integrate this new technology with marketing strategies often skips the crucial step of ensuring that the AI marketing tools being used are compliant with data protection laws and industry regulations.
For marketers, such oversight is a landmine.
The legality of the technology’s application is the most pressing issue for marketers. In practice, many AI tools operate on platforms of which 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 such as the GDPR in Europe or Popia in South Africa.
Marketers cannot afford to ignore these risks. As businesses become more data driven, the potential for breaches and legal challenges grows. 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.
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 as well. The pace of AI development means that waiting for clearer regulations or saving up for secure platforms could leave marketers lagging behind more daring competitors.
So, what’s the way forward? The primary essential 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, ensure 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.
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.
Antonio Petra is the strategy director at VML South Africa.
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