Definition
The EU AI Act is a regulation from the European Union that governs the development and use of AI systems, categorising them by risk and setting obligations for higher-risk uses. For email marketers, it intersects with AI-assisted copywriting, automated targeting and personalisation that may process EU personal data — overlapping with existing GDPR obligations and adding transparency around AI involvement.
Practical Impact on Email
- AI is used mostly in low-risk ways in email (copywriting, basic personalization)
- Transparency matters where AI decisions significantly affect people
- GDPR still governs how subscriber data is processed
- Newer automation must stay within allowed, safe uses
- Documenting AI use helps demonstrate compliance
Working With the Act
For most campaigns, using AI to draft copy or recommend send times is a low-risk use. Where AI drives decisions that materially affect individuals, you may need transparency, human oversight and documentation. Keep personal data handling aligned with GDPR and review AI-powered features for their risk classification.
Practical Steps
- Map where you use AI in email workflows
- Keep human review for decisions affecting people
- Disclose AI use where relevant and material
- Maintain GDPR-compliant data processing
- Monitor guidance as the Act is implemented
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Frequently Asked Questions
It can, where email processes EU data or uses AI systems in its workflows. Most email marketing uses of AI are low-risk, but transparency, documentation and human oversight are expected for higher-impact uses.
Transparency rules focus on where AI decisions materially affect people. For routine AI-assisted copy, disclosure is rarely mandatory, but if AI drives significant personal decisions, you should be transparent and provide human oversight.
GDPR governs how you collect and process subscriber personal data, while the AI Act governs AI systems that use it. Both apply together, so AI-powered personalisation must respect GDPR rules and any AI Act obligations.