Regulation & Risk: AI + Data Compliance in 2026
Regulation & Risk: AI + Data Compliance in 2026
Expert insights from Linda Sprukste, Lawyer in IT & Business Law at SIA "REDZI Digital"
As B2B marketing rapidly evolves, one thing is certain: 2026 will be a regulatory turning point. AI-generated content, data privacy, consent practices, and cookie alternatives will no longer be optional discussions but essential areas of compliance for every marketing team.
To bring clarity to this landscape, we invited Linda Sprukste, an IT and business law expert, to share her perspective on the upcoming legal changes, associated risks, and what B2B marketers must prepare for.
The European AI Act: What Marketers Must Know
The EU Artificial Intelligence Act, in force since August 1, 2024, represents the world’s first comprehensive AI regulation. It aims to ensure AI systems used in the EU are:
safe
transparent
ethical
trustworthy
Implementation will take place gradually until August 2, 2027, affecting:
developers
distributors
providers
users of AI systems
For marketers, this means that AI-generated text, images, video, and audio must be labeled clearly. Transparency is not optional, it is one of the core obligations of the act.
Linda is emphasizing that many teams underestimate the impact this will have on:
content creation
campaign workflows
automation processes
data handling
creative approvals
“Transparency is key. Marketers must clearly mark AI-generated content and ensure human oversight remains part of the process.”
— Linda Sprukste
The AI Act includes significant fines:
up to €15 million or
up to 3% of global annual turnover
…for violations related to transparency, misuse of AI, or using prohibited systems.
High-risk and banned categories in the EU include:
facial biometrics
social scoring
facial recognition
autonomous AI decision-making without human oversight
Even non-high-risk AI tools used in marketing must follow transparency, data protection, and safety rules.
Data Privacy, Cookies & Consent: What Changes in 2026
The shift toward a cookie-less environment poses challenges for B2B marketers relying on tracking, analytics, and personalized campaigns.
Linda highlighted key areas of risk:
1. Ineffective consent tools
Many cookie plugins claim compliance but do not actually block scripts.
Linda recommends consulting IT specialists to validate your setup.
2. Consent must be clear and user-friendly
No dark patterns.
No pre-selected checkboxes.
No “hidden” tracking.
3. Privacy policies must be continuously updated
Especially if you use:
AI tools
new analytics platforms
third-party tracking
new automation systems
“Transparency is not a one-time action. It is daily work - for employees and for customers.”
— Linda Sprukste
4. Contextual advertising will rise
Investing in contextual advertising can replace third-party cookies by focusing on content relevance without user tracking.
Training & Internal Readiness
One of Linda’s strongest insights:
The biggest compliance risks come from inside companies.
Employees must be trained to:
handle data correctly
avoid uploading sensitive information into AI tools
understand copyright and IP restrictions
follow updated privacy rules
know what can - and cannot - be automated
This affects marketers, content creators, and sales teams equally.
EU vs. US: Regional Differences Matter
The EU remains significantly stricter than the US regarding:
data privacy
consent
AI transparency
user rights
For companies operating across regions, marketing strategies must reflect these differences, especially in:
tracking
lead generation
retargeting
personalization
data storage
One-size-fits-all approaches will no longer be possible.
What B2B Marketers Should Do Now (Linda’s practical advice)
1. Audit your AI tools
What data do they process?
Is AI involvement clearly labeled?
Does human oversight exist?
2. Review your consent & cookie systems
Do they truly block scripts?
Are users given real choices?
3. Update your privacy policy
Include AI tools
Include data flows
Keep it up to date once new regulations take effect
4. Train your team
Compliance is only possible if employees understand the rules.
5. Prepare for stricter enforcement
The AI Office and AI Council will monitor AI tools compliance, and and penalties will be imposed for illegal or inappropriate use of AI tools.
The Bottom Line
The year 2026 will redefine how B2B marketing operates.
AI will continue to grow, but under strict rules, transparent processes, and human oversight.
For marketing leaders, the message is clear:
Compliance is no longer a legal checkbox.
It is a strategic advantage.
Teams that adapt early will gain trust, stability, and long-term credibility in an AI-driven market.
