Gunnercooke | Are Privacy Notices Keeping up with Data Usage and Analytics?

Why marketers need to rethink how they communicate personal data use 

In 2026, modern marketing principles will continue to run on insight and trends from consumers usage (of products and services) and interaction (on social media and e commerce platform).  

From understanding customer journeys to personalising experiences, to utilising customer feedback (often in real time), data analytics fuel the connection between brands and consumers.  As these trends become less like “big data” and more real time marketing assets, they also risk becoming personally identifiable information.

Analytics and technology allow someone’s existence to be predicted from consensus data such as where they order their pizza from and what cars they are test driving.  This creates another subset of information that will come with privacy expectations by a data subject and possibly a requirement of consent for lawful processing. But with these additional privacy expectations and privacy regulations (that are becoming more prescribed), one question sits at the heart of every marketer’s strategy:

Does our privacy notice really explain how we use personal data and allow us to lawfully process it, especially for analytics and personalisation?

The gap between compliance and clarity 

Most privacy notices today still read like legal contracts. They explain what data is collected and stored, but they often stop short of describing how that data is used. Words like “improve our services” or “enhance your experience” appear everywhere, but to a consumer, those phrases hold little value or meaning.  The consumer is only looking to benefit from giving up their time and personal data.

This gap between legal compliance and meaningful communication is becoming a brand liability. Consumers are no longer satisfied with vague explanations; they want plain-language transparency about how their information feeds analytics, personalisation, and AI systems, and what benefit they will receive.

Most consumers are more likely to engage with brands that clearly explain their data practices – and appear trustworthy and transparent. Corporate privacy notices do not explicitly mention analytics or data-usage models as a standard practice. 

Usage and analytics: the new privacy frontier 

For marketers, analytics is not just a back-office tool, it’s the USP of their marketing strategy – which is quickly becoming the norm. Data scaping is no longer socially acceptable – or part of the accepted implied contract between a data subject and their use of the internet.  Data Subjects want to be analysed anonymously but still have a personalised experienced and benefit to giving up timing and PII.

Personal data may be used to:

• Measure campaign effectiveness and customer engagement.

• Segment audiences for personalised offers.

• Feed predictive models that anticipate churn or interest.

• Train AI systems for product recommendations or sentiment analysis.

None of these concepts are easily trusted by a consumer- each of these uses falls under “processing personal data” in regulatory terms, meaning they must be disclosed under laws like GDPR, CCPA, and the upcoming AI Act.

Yet, many privacy notices gloss over this, lumping analytics into generic “service improvement” categories. That’s risky, and can damage trust from the consumer/data subject. Regulators are increasingly focusing on transparency of automated decision-making and purpose specification, two principles that directly impact data analytics.

Why Transparency is a Marketing Advantage 

Clarity about data usage is no longer just a compliance checkbox; it’s a trust-builder.

When done well, a transparent privacy notice can reinforce brand values:

• It signals respect. By explaining analytics use plainly, brands show that they value users’ understanding.

• It drives engagement. Users who trust a brand’s data handling are more likely to share information voluntarily, improving first-party data quality.

• It differentiates. In a crowded digital landscape, clear communication about privacy and analytics can be a unique brand promise.

Marketers should think of privacy notices as part of the customer experience, not a legal afterthought. The language, tone, and structure can align with brand voice, turning compliance into storytelling.

Best Practices for Marketing Teams 

Here are a few actionable ways to bring privacy transparency into your marketing strategy:

1. Be specific about data use.
   Replace vague terms like “we may use your data to improve our services” with:
   “We analyse your browsing and purchase activity to understand product trends and improve recommendations.”

2. Separate analytics from operations.
   Make it clear when data is used for analytics versus core service delivery. This helps users understand the value exchange.

3. Link privacy to value.
   Explain how analytics benefits the customer, e.g., “to offer faster support, more relevant offers, and better site experiences.”

4. Collaborate across teams.
   Marketing, legal, and data-governance teams should co-author privacy content to ensure it’s both compliant and comprehensible.

5. Use layered design.
   A short, readable summary upfront with detailed explanations behind clickable layers gives users control and avoids “notice fatigue.”

6. Explain the rights of the consumer. It is ok to withdraw consent.  You have the right to inspect the information we hold on you.  You have the right to request a deletion of data.

The future: privacy as personalisation 

As first-party data strategies and privacy-enhancing technologies (PETs) become mainstream, data ethics and analytics transparency will define brand trust.

The brands that win in 2026 won’t just comply, they’ll communicate their activities to their data subjects. They’ll treat privacy notices as opportunities to educate, empower, and engage customers in how data shapes their experiences.

Because ultimately, privacy isn’t the opposite of marketing. It’s the foundation of lasting relationships.

 

 

Compliments of Gunnercooke – a member of the EACCNY