The Data and Marketing Commission (DMC) has published a Position Statement on how AI can be used in the data and marketing sector in a way that complies with the DMA Code.

Importantly, the Position Statement does not introduce any new rules within the Code that specifically address the use of AI. Instead, it highlights four of the existing six principles within the Code and explains how organisations can comply with them when using AI, as follows:

Organisations should comply with data protection legislation and be transparent about both what customer data is collected and how it will be used. Opt-out options should be made available for AI-driven personalisation or profiling, and organisations should only use the data they need to provide the insights sought from their AI-enabled marketing.

The use of AI to generate marketing content, recommendations, or customer interactions should be clearly disclosed, and it should not be used to “manipulate consumer behaviour through misleading or deceptive messaging”. Furthermore, organisations should ensure that AI targeting models do not discriminate or be used to target or exploit vulnerable individuals or groups.

Strong data governance processes should be established, together with systems that ensure that regular audits are conducted to identify (and later remedy) any risks or harms. High-quality datasets should also be maintained to avoid misleading AI insights or campaigns, and appropriate secure measures should be in place to protect valuable marketing data.

The DMC advises organisations to “assign clear human accountability for AI-driven marketing decisions and campaign outcomes”, continuously monitor AI systems, develop internal guidelines and ethical polices for the use of AI, and document decision making processes so that AI-generated outcomes can be justified.

Finally, the DMC stresses the key role to be played by effective governance, reiterating the need for organisations that deploy AI to conduct risk assessments, maintain human oversight mechanisms, and establish processes for consumers to complain.

To read the Position Statement in full, click here.