EU one-pager - asking for emails in DMs and labelling AI in posts

Not legal advice. This page summarises official texts so you know what to ask your adviser.

Part 1: emails from DMs (GDPR)

What consent is. GDPR Article 4(11): consent must be "freely given, specific, informed and unambiguous", given by a statement or a clear affirmative action.

What it is not. Recital 32: "Silence, pre-ticked boxes or inactivity should not therefore constitute consent." If consent sits inside a longer text, it must be "clearly distinguishable from the other matters" (Art. 7(2)).

What to say when you ask. In the same message:

1. What you will send.
2. How often.
3. How to stop.
4. Where your privacy policy is.

Leaving. "It shall be as easy to withdraw as to give consent" (Art. 7(3)). If someone writes STOP, stop, and remove them from the list.

Proof. "The controller shall be able to demonstrate that the data subject has consented" (Art. 7(1)). Keep a note of when and how each person agreed.

Keep little. Store only what you asked for. Delete it when they leave.

Example ask:

Want it by email too? Send your address and we'll email you this guide and one message when we open sign-ups. Nothing else. Unsubscribe any time; privacy: {link}.

Part 2: AI in your posts (AI Act and Meta)

From the European Commission's AI Act page:

• The AI Act is Regulation (EU) 2024/1689.
• Chatbots: people "should be made aware that they are interacting with a machine".
• Generative AI providers must ensure AI-generated content is identifiable.
• Clear, visible labels for deep fakes and for AI text published to inform the public on matters of public interest.
• The Commission's page says the transparency rules "will come into effect in August 2026". Dates in EU digital law can shift, so check the current timetable on that page.

On Facebook and Instagram, Meta shows an "AI info" label (renamed from "Made with AI" in July 2024). It is added when Meta detects industry-standard AI signals or when you disclose AI content yourself.

A sensible setup for a small brand

• Your automatic DM says it is automatic.
• AI-generated photos of people are disclosed when you post them.
• You keep a simple log of which posts used AI images or AI text.
• You ask your tools how they mark AI output.

Sources

• Regulation (EU) 2016/679 (GDPR): Art. 4(11), 7(1)-(3), Recital 32. eur-lex.europa.eu, checked 2026-10-10.
• European Data Protection Board, data protection guide for small business: edpb.europa.eu/sme_en, checked 2026-10-10.
• European Commission, "AI Act" (digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai), checked 2026-10-10.
• Meta, "Our approach to labeling AI-generated content and manipulated media" (about.fb.com, April 2024, updates July and September 2024), checked 2026-10-10.

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