Hello...Hello! 👋🏻
Last week, a CMO asked me: "Can my team use this AI-generated ad without getting sued?"
Fair question.
With the FTC issuing AI guidance updates and the EU's AI Act in full swing, the compliance landscape continues to evolve.
The harsh reality?
Most marketers are flying blind when it comes to AI compliance.
Here are four easy tips to stay compliant…
🔍 The 4 Pillars of AI Marketing Compliance
🔍 1. Transparency
✅ What You Should Do:
Disclose AI usage when content is substantially AI-generated
Label synthetic media (AI influencers, AI voices, generated images)
Update privacy policies to cover your AI data processing
❌ Common Mistakes:
Using AI-generated testimonials without disclosure
Creating "fake" customer reviews with AI
Hiding AI usage (you significantly updated product photos with AI)
Easy Win: Add a disclosure template to AI-generated content: "This content was created with AI assistance and reviewed by our expert team."
🌐 2. Local Regulations
✅ Key Regulations to Track
Region | Law | Marketing Impact |
US | Truth-in-advertising applies to AI content | |
EU | High-risk AI systems need conformity assessments | |
California | Bot disclosure requirements | |
Action Step: Review recent actions by the FTC.
©️ 3. Copyright Safety
✅ Safe Practices:
Use licensed training data or paid accounts with indemnity language
Create original work rather than copying
Document your creative process for legal protection
❌ Higher-Risk Activities:
Asking AI to "create content in the style of [specific artist/brand]"
Using AI to recreate copyrighted characters or logos
Training on scraped competitor content
📄 4. Update Your Terms & Privacy
✅ Your T&C Must Address:
Data Usage:
How customer data trains AI models
Third-party AI service data sharing
User rights regarding AI processing
Content Rights:
Who owns AI-generated content
User-generated content and AI training
Liability for AI-generated outputs
Quick Template Addition
"Our services may use artificial intelligence to enhance user experience. By using our service, you consent to AI processing of your interactions as described in our Privacy Policy."
🚨 Red Flags: When to Call Your Lawyer
Stop and get a legal review if you're:
Updating your privacy policy for AI
Using AI for regulated consumer decisions (credit scores, higher ed admissions) or any high-stakes personalization
Training AI on sensitive customer data (ie. you are in a right of removal state)
Operating in highly regulated industries (finance, healthcare, banking)
⚡ Quick Compliance Wins
This Week:
Add AI disclosure to your next campaign
Update your ‘About’ page to mention how and why you’re using AI
Create an AI QA checklist for your team to sort the good from the bad
» I’ve created this one so you don’t have to (it’s free).
The Bottom Line
Compliance isn't just about avoiding lawsuits; it's about building trust with customers who increasingly value transparency.
🫡 Stay compliant,
Alec
P.S. Laws evolve quickly. Always consult legal counsel for your specific situation. I'm a marketer, not a lawyer.
