The real barrier to AI in marketing is uncertainty, not regulation

Our CMO Andreea Mandeal has spent 10+ years scaling SaaS brands and leading marketing teams. Here, she shares her perspective on why uncertainty, not regulation, is what’s really slowing down AI adoption in marketing.

Artificial intelligence is changing marketing. Teams are using AI for personalization, content creation, audience segmentation, predictive analytics, campaign optimization, you name it. The potential is clear, and adoption is accelerating. Yet somehow many marketers still struggle to move from experimentation to scale.

One of the biggest obstacles is often assumed to be regulation. But the more common issue is uncertainty. Uncertainty about data usage, consent requirements, and legal boundaries slows decision-making and creates friction between marketing, legal, and product teams.

When uncertainty exists, innovation stalls.

Why AI adoption in marketing slows down

Privacy regulations such as GDPR, ePrivacy, and US state privacy laws do not prevent marketers from using AI. What they require is clarity around how personal data is collected, processed, and used.

The challenge is that many organizations lack clear answers to fundamental questions:

  • What data are we collecting?
  • What did users consent to?
  • Does that consent cover AI-driven personalization or analytics?
  • Can we demonstrate compliance if asked?

Without clear data governance and consent management, every new AI initiative becomes a risk assessment rather than a growth opportunity. This is where momentum is lost.

First-party data is the safest foundation for AI marketing

As third-party data becomes less reliable and more restricted, first-party data has become the most valuable asset for AI-driven marketing.

First-party data collected with clear, informed consent offers several advantages: higher accuracy and relevance, stronger alignment with declared purposes, lower compliance risk, and greater user trust.

From an SEO and performance perspective, first-party data also supports better personalization and measurement without relying on opaque data sources.

For marketers, this means that AI initiatives are most effective when they start with data that the organization fully controls and understands. Clear consent turns first-party data into a strategic advantage rather than a legal risk.

Consent clarity enables faster AI experimentation

Many teams delay AI adoption because they fear crossing legal boundaries. In practice, those delays are often caused by unclear consent frameworks rather than strict regulatory limits.

When consent is specific, documented, and transparent, marketers gain clarity about what they can do. This reduces internal friction and shortens approval cycles.

Clear consent frameworks help teams define which AI use cases are permitted, align marketing and legal expectations, adapt quickly as AI applications evolve, and maintain compliance across regions and regulations.

Instead of slowing innovation, well-managed consent enables it. In other words, the best way to save time is to do it right from the beginning. Who would have thought!

Why involving legal teams early accelerates progress

Legal and privacy teams are often seen as blockers. If you’re a marketer, you probably don’t have enough fingers on your hand to count the times you avoided running a campaign that wasn’t straightforward when it came to compliance, simply because you thought that involving legal would slow things too much and… let’s face it, time isn’t something marketers have in abundance.

I believe legal teams become blockers mostly when they are involved too late in the process. When legal input comes after an AI project is already defined, the conversation becomes reactive. Bringing legal teams into AI planning early changes the dynamic. It allows organizations to establish clear boundaries from the start and identify real risks.

Most delays in AI marketing are caused by uncertainty about what is allowed. Early alignment removes that uncertainty and creates confidence across teams.

Compliance should be infrastructure, not friction

Not surprisingly, companies moving fastest with AI in marketing treat compliance as infrastructure rather than a constraint.

This includes purpose-based consent management, reliable consent records and documentation, transparency toward users, and systems that can adapt as regulations and AI use cases change.

When these foundations are in place, marketing teams can test, iterate, and scale AI initiatives without stopping to reassess risk at every step.

Compliance becomes part of how innovation happens, not a reason it stops. Doesn’t this sound lovely?

Trust is essential for scalable AI marketing

AI-driven marketing relies on trust. Trust from users who share their data, trust between internal teams, and trust in the data powering AI systems. As someone working for a compliance company, I can assure you that trust is everything.

Organizations that invest in clear consent, strong data governance, and privacy-first foundations reduce risk while increasing speed. They gain the confidence to use AI responsibly and effectively.

The future of AI in marketing is not about choosing between innovation and regulation. It is about removing uncertainty and building on data that users trust you with.

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