GDPR and brand monitoring: what you are allowed to do

2026-06-21 · BeMySocial

GDPR and brand monitoring: what you are allowed to do

Monitoring what the public says about your brand is lawful in the UK, but the way you do it matters. The line sits between watching commentary about your business and building files on individuals.

The lawful basis

Most brand monitoring rests on legitimate interest: a business has a real, articulable interest in knowing what is publicly said about it, and collecting public posts mentioning it is a proportionate way to serve that interest. Document that reasoning once, properly, and keep it with your data protection records.

The practical rules

Special category data

If a mention reveals health, religion or similar, treat it carefully: classify and respond if needed, but do not warehouse it. Sectors like healthcare should take specific advice.

The test worth applying

If a regulator, or the person who wrote the post, saw your database, would it look like a business keeping an ear on its reputation or like surveillance? Design for the first answer and monitoring stays comfortably within the rules.

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