Smart robots and AI: Strategic approaches to data privacy and security law for digital marketers

Smart robots are expected to increasingly be employed by consumers to improve their everyday lives in ways not seen before. Artificial intelligence (AI) applications in smart robots are changing the way smart robots are used and the way related services are consumed. Privacy and security concerns arise, however, with the implementation of innovative technologies for consumers as these collect and use personal data. While the law has not caught up with the technology, this is further complicated by the fact that there are no clear rules in some cases. European Union (EU), UK and US law require ‘appropriate’ or ‘reasonable’ measures to be taken and require the protection of personal data of consumers generally, including marketers of smart robots using AI. This is complicated by the complex nature of AI and the need to track consumers and collect data in order to provide personalised and effective smart robot services. Marketers should employ an interdisciplinary strategy to address these concerns and requirements including employing marketing, technical and legal strategies. This has wider implications for the marketing community as it becomes very difficult to not consider or build in technical and legal considerations.