CMP and AI: Can You Use AI While Staying Privacy-Compliant

CMP and AI: Can You Use AI While Staying Privacy-Compliant?

As Artificial Intelligence becomes central to digital marketing, content creation, customer support, and analytics, many businesses are asking: Can we use AI without violating GDPR?

The answer isn’t a simple yes or no, it depends on how you collect, store, and process personal data, especially if that data is used to train or interact with AI systems like Large Language Models (LLMs).

In this article, we’ll break down:

• How AI and GDPR intersect
• Whether your CMP can support ethical AI usage
• What consent for LLMs looks like in practice
• How Cookiepal helps you stay future-proof and compliant

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AI and GDPR: A Fast-Moving Intersection

AI systems, particularly generative models and automated decision-making tools often process vast amounts of user data. Under GDPR, this raises important questions:

• Was that data collected with valid consent?
• Can the user opt out of AI profiling?
• Is the data being used for a clearly defined purpose?
• Is there transparency about how AI is being used?

GDPR doesn’t ban AI. It demands that data subjects retain control over how their personal information is used even by machines.

This is where a CMP comes in.

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Why “Implied Consent” Doesn’t Work for AI

Some businesses assume that using anonymized or aggregated data means GDPR doesn’t apply. But recent enforcement actions suggest otherwise especially when:

• AI models can re-identify individuals through inference
• Data subjects were not informed their data would train algorithms
• No clear option to opt-out was provided

In short: AI needs explicit, informed consent.

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Consent for LLMs: What It Should Look Like

If you're using LLMs (like GPT-style chatbots, recommender systems, or summarization tools) and collecting user inputs, you should:

• Prompt users with a clear privacy disclosure
• Offer a purpose-specific opt-in (e.g., “Allow my chat inputs to train future models”)
• Make it revocable and accessible through your CMP’s UI
• Store timestamped logs proving user consent was collected before processing

Cookiepal’s CMP can help automate and enforce these requirements.

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Final Takeaway

AI isn’t incompatible with GDPR but ethical implementation is essential. Consent must be specific, informed, and revocable, even when the data is processed by algorithms instead of humans.

With the right CMP, your business can unlock the power of AI without compromising on user rights or regulatory compliance.

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Sources

• EDPB Guidelines on Automated Decision-Making and Profiling
• OECD AI Principles
• European Commission AI Act Draft (2024)