gdpr-compliance（GDPR 合规性）

GDPR Compliance for Marketing

Ensure your marketing activities comply with GDPR requirements for consent, data processing, and privacy rights.

When to Use This Skill

• Designing consent collection flows
• Writing privacy notices
• Auditing marketing data practices
• Handling data subject requests
• Documenting lawful basis

Methodology Foundation

Based on GDPR Articles 6, 7, 12-23 and EDPB Guidelines, covering:

• Lawful basis determination
• Consent requirements
• Transparency obligations
• Data subject rights
• Documentation requirements

What Claude Does vs What You Decide

Instructions

Step 1: Lawful Basis Assessment

Six Lawful Bases (Article 6):

Marketing Activity Mapping:

Step 2: Consent Requirements

Valid Consent Criteria (Article 7):

Consent Record Requirements:

Record for each consent:
- Who consented (identifier)
- When (timestamp)
- What they consented to (purpose)
- How (mechanism)
- What they were told (notice version)

Step 3: Privacy Notice Requirements

Required Elements (Articles 13-14):

Step 4: Data Subject Rights

Rights Framework:

Step 5: Documentation & Records

Required Documentation:

1. Records of Processing Activities (ROPA)
2. Legitimate Interest Assessments
3. Consent records and mechanisms
4. Privacy notices (versioned)
5. Data Subject Request log
6. Breach notification procedures

Examples

Example 1: Marketing Email Consent Flow

Input:

Design a GDPR-compliant consent flow for:
- SaaS product newsletter
- Product updates
- Promotional offers
- Third-party partner offers

Output:

## GDPR-Compliant Email Consent Flow

### Consent Collection UI

---

**Signup Form Fields:**

Email: [________________]

[] I agree to receive the monthly newsletter with industry insights [] I agree to receive product updates and feature announcements [] I agree to receive promotional offers and discounts [] I agree to receive relevant offers from our trusted partners

[Sign Up]

By signing up, you confirm you've read our [Privacy Notice]. You can withdraw consent anytime via unsubscribe link or contacting us.

**Design Requirements:**
- All checkboxes unchecked by default
- No "select all" option
- Each purpose separate
- Privacy notice linked, not buried
- No dark patterns

---

### Consent Record Structure

{ "email": "user@example.com", "consents": [ { "purpose": "newsletter", "granted": true, "timestamp": "2026-01-31T10:30:00Z", "source": "signup_form_v3", "notice_version": "privacy_v2.1" }, { "purpose": "product_updates", "granted": true, "timestamp": "2026-01-31T10:30:00Z", "source": "signup_form_v3", "notice_version": "privacy_v2.1" }, { "purpose": "promotional", "granted": false, "timestamp": null, "source": null, "notice_version": null }, { "purpose": "third_party", "granted": false, "timestamp": null, "source": null, "notice_version": null } ], "ip_address": "192.168.1.1", "user_agent": "Mozilla/5.0..." }

---

### Email Footer (Required)

You're receiving this because you subscribed to our [newsletter/updates].

Manage preferences: [link] Unsubscribe from this list: [link] Unsubscribe from all: [link]

[Company Name] [Address] [Contact Email]

---

### Preference Center

| Subscription | Status | Action |
| --- | --- | --- |
| Monthly Newsletter | [ON/OFF] | Industry insights and tips |
| Product Updates | [ON/OFF] | New features and improvements |
| Promotional Offers | [ON/OFF] | Discounts and special deals |
| Partner Offers | [ON/OFF] | Relevant third-party offers |

[Update Preferences] [Unsubscribe from All]

---

### Compliance Checklist

- All consents granular (separate checkboxes)
- Checkboxes unchecked by default
- Clear description of each purpose
- Privacy notice accessible
- Withdrawal mechanism clear
- Consent records stored
- Double opt-in implemented
- Unsubscribe in every email
- Preference center available

Example 2: Legitimate Interest Assessment

Input:

We want to email our existing customers about related products. Do we need consent or can we use legitimate interest?

Output:

## Legitimate Interest Assessment: Customer Cross-Sell

### Summary

You can likely rely on legitimate interest (not consent) for emailing existing customers about **similar** products, but must complete this assessment and offer easy opt-out.

---

### Three-Part LIA Test

#### 1. Purpose Test: Is There a Legitimate Interest?

**Interest:** Promote related products to existing customers **Legitimacy:** Yes - recognized business interest in customer development **Benefit:** Revenue growth, customer relationship deepening

✅ **PASS**

---

#### 2. Necessity Test: Is Processing Necessary?

| Question | Answer |
| --- | --- |
| Is email necessary to achieve the interest? | Yes - direct communication channel |
| Is there a less intrusive way? | In-app notifications possible but less effective |
| Is the processing proportionate? | Yes - limited frequency, relevant content |

✅ **PASS** (with conditions)

**Conditions:**

- Limit to genuinely related products
- Reasonable frequency (not daily)
- Honor opt-outs immediately

---

#### 3. Balancing Test: Individual Rights vs. Your Interest

| Factor | Assessment |
| --- | --- |
| Nature of data | Basic contact info - low sensitivity |
| Reasonable expectations | Customers expect marketing from sellers |
| Relationship | Existing customer relationship |
| Impact on individual | Minor inconvenience, easy to opt out |
| Safeguards | Opt-out in every email |

✅ **PASS**

---

### Conclusion

**Lawful Basis:** Legitimate Interest (Article 6(1)(f))

**Requirements for Compliance:**

1. **Document this LIA** and keep on file
2. **Include in privacy notice:** "We may contact existing customers about similar products based on legitimate interest. You can opt out at any time."
3. **Easy opt-out:** Every email must have unsubscribe
4. **Honor preferences:** Immediate suppression on opt-out
5. **Similar products only:** Don't expand to unrelated offerings
6. **Reasonable frequency:** No more than weekly

---

### Template Email Footer

You're receiving this as a valued [Company] customer.

Not interested in product updates? [Opt out of marketing] | [Manage preferences]

This email was sent based on our legitimate interest in keeping customers informed about relevant products. See our Privacy Notice for details and your rights.

---

### When This Doesn't Apply

Use **consent** instead if:

- Products are significantly different
- Customer bought once 2+ years ago
- You acquired data from third party
- Customer previously opted out
- Emails are primarily promotional (not informational)

Skill Boundaries

What This Skill Does Well

• Explaining GDPR requirements
• Drafting compliant language
• Creating documentation templates
• Identifying compliance gaps

What This Skill Cannot Do

• Provide legal advice
• Know your specific jurisdiction nuances
• Guarantee regulatory acceptance
• Replace DPO consultation

When to Escalate to Human

• Complex cross-border transfers
• Regulatory investigation
• Data breach response
• Novel processing activities

Iteration Guide

Follow-up Prompts:

• "Draft the privacy notice section for [activity]"
• "How do we handle a right to erasure request?"
• "What documentation do we need for [processing]?"
• "Is this cookie banner compliant?"

References

• GDPR Text (Regulation 2016/679)
• EDPB Guidelines on Consent
• ICO Direct Marketing Guidance
• CNIL Cookie Guidelines

Related Skills

• terms-analyzer - Terms of service review
• contract-review - DPA analysis
• nda-generator - Confidentiality

Skill Metadata

• Domain: Legal / Marketing
• Complexity: Intermediate
• Mode: centaur
• Time to Value: 1-2 hours per assessment
• Prerequisites: Basic GDPR familiarity