Whitepaper on the EU AI Act

Marketing automation with n8n: GDPR, AI Act, and NIS2 compliant

The most important information at a glance
- N8N enables legally compliant marketing automation – from email campaigns and lead scoring to compliance documentation.
- Key legal frameworks: GDPR, EU AI Act (applicable from 2026), and NIS2 Directive (implementation by 2026).
- Core principles: Consent, transparency, data minimization, and traceability.
- Current biggest risk: GDPR violations – unauthorized advertising, unclear consent, or missing documentation.
- Relevant for the future: Preparation for AI Act transparency and NIS2 security requirements.
Introduction: Marketing as a data-driven responsibility
Automation has long been standard practice in marketing. Tools such as n8n, HubSpot, and Make orchestrate campaigns, evaluate leads, personalize content, and integrate systems in real time. But efficiency comes at a price: every automated process processes personal data – and thus finds itself caught between data protection, IT security, and transparency requirements.
Marketing is no longer just a creative discipline – it has become a data-driven responsibility.
With the GDPR as the daily basis, the EU AI Act as the upcoming regulatory framework for AI-supported systems, and the NIS2 Directive as the security foundation, 2025 will be a crucial year of preparation. This article shows how you can automate with n8n in a legally compliant manner – and why now is the right time to future-proof your workflows for 2026.
Table of Contents:
The legal basis for automated marketing
GDPR - Data protection remains the operational core
The General Data Protection Regulation is and remains the immediate basis for all data processing in marketing.
It determines when and how personal data may be used – whether for sending newsletters, CRM reconciliation, or lead scoring.
Important principles (Art. 5 GDPR):
- Purpose limitation: Use data only for clearly defined purposes.
- Data minimization: Only collect necessary data.
- Transparency: Users must know what happens to their data.
- Accountability: Every processing operation must be verifiable.
With n8n, these obligations can be implemented in practice:
Automatic collection and storage of consents.
Double opt-in processes and central documentation.
Versioned audit trails to make data flows traceable.
Practical tip: Integrate a consent status check into your mailing workflow – this will automatically stop emails without valid consent.
EU AI Act - Transparency requirements are coming, preparation starts now
The EU AI Act has been in force since August 2024, but most of the regulations will become applicable in August 2026. Initial requirements, such as risk assessments, will already take effect in 2025.
Companies that currently use AI-supported systems, e.g., for lead scoring, text personalization, or chatbots should adapt their processes now.
Key requirements:
- Transparency: Customers must know when AI influences decisions.
- Risk classification: Marketing AI is generally considered “limited risk,” but requires documentation.
- Human oversight: Automated processes must remain controllable.
In n8n, this means:
- Mark AI-supported steps in workflows.
- Introduce log nodes that record decisions.
- Add manual review steps to scoring or personalization processes.
Insight: 2025 is the year of preparation. Those who create documentation and transparency structures now will be able to start 2026 without having to make any changes.
NIS2 - IT security requirements for marketing systems
Since October 2024, the NIS2 Directive has required EU member states to enact national laws.
In Germany, the NIS2 Implementation Act is expected to come into force at the end of 2025 or the beginning of 2026. The message is clear: companies must start implementing now.
Key points:
- Risk management: Perform security and vulnerability analyses.
- Reporting requirements: Report security incidents within 72 hours.
- Supply chain security: Third-party tools must be reviewed.
With n8n, these obligations can be operationalized at an early stage:
- Monitoring flows, monitoring API connections, and access.
- Incident workflows automatically forward security reports to data protection or IT teams.
- Risk reports can be generated and archived on a regular basis.
Lesson: Marketing automations are also part of corporate IT – and therefore relevant to security.
Whitepaper on the EU AI Act
Permissible and impermissible automations
| Category | Permissible | Not allowed |
|---|---|---|
| E-Mail Marketing | Double opt-in, documented consent | Newsletter without consent |
| Lead Scoring | Transparent evaluation with AI protocol | Black box scoring without transparency |
| CRM Synchronization | GDPR-compliant processes with deletion routines | Permanent storage without purpose |
| Data Analysis | Aggregated reports without personal references | Personal tracking without consent |
| Documentation | Automated processing directories | Missing or incomplete evidence |
Insight: Automation can secure processes – if it follows rules rather than circumventing them.
Risks of unauthorized automation
The GDPR remains the most immediate risk in everyday marketing. Violations quickly lead to fines and reputational damage. Although the AI Act and NIS2 introduce new requirements, most incidents in 2025 will still be caused by traditional data protection errors.
1. Unauthorized advertising
Missing or undocumented consent is the most common cause of fines.
2. Profiling without control
Automated segmentation or scoring without human review violates Art. 22 GDPR. n8n can help make such decisions traceable through logging and review nodes.
3. Lack of documentation
During audits, what counts is what you can prove, not what you think you did. Audit workflows with automatic logging provide security here.
4. Technical vulnerabilities
Unencrypted APIs, open webhooks, or missing authorization checks are relevant to NIS2 – and directly jeopardize data security.
What you should do now
1. Automate consent management
- Record, store, and revoke consent via n8n nodes.
- Automate opt-out processes and reminders for expiring consents.
- Log every entry in an audit-proof manner.
2. Create a processing directory in accordance with Art. 30 GDPR
- Let n8n automatically record all data flows.
- Add fields for purpose, storage location, and deletion period.
- This keeps your directory up to date - a big advantage during audits.
3. Create transparency in AI use
- Label AI-supported processes in emails or landing pages.
- Document decision-making logic and input data.
- Regularly check for bias or discrimination risks.
4. Set up monitoring & audit trails
- Monitor critical actions: exports, API connections, and new data sources.
- Automate weekly reports to data protection officers.
- Respond to anomalies in real time – via Slack, Teams, or email.
5. Prepare security processes in accordance with NIS2
- Develop incident response flows that automatically alert for failed attempts or suspicious access.
- Conduct supplier audits digitally and archive evidence.
- Add regular risk and compliance checks to workflows.
Example setup: A central “compliance hub” in n8n that stores consents, processing directories, and security al
Outlook: Compliance 2026 – Preparation is everything
- EU AI Act: In force since 2024, applicability staggered from 2025 and 2026.
- NIS2: Implementation obligations start now, even if national laws are still being finalized.
Companies that start building their automation and documentation structures in 2025 will avoid hectic adjustments next year.
Those who integrate data protection (GDPR), transparency (AI Act), and security (NIS2) will not only achieve compliance but also build trust as a competitive advantage.
Conclusion
N8N can make marketing automation efficient and legally compliant.
Those who consider data protection and IT security from the outset benefit in several ways:
- Legal compliance: Minimized fines and liability risks.
- Efficiency: Fewer manual checks, clear documentation.
- Trust: Transparent processes strengthen customer loyalty.
Automation is not an end in itself, it is a tool for making responsibility scalable. Now is the time to use it for that purpose.
Checklist: Making your n8n workflows compliant
| Inspection Point | Description |
|---|---|
| Check consent | Before any action: Is there valid consent or another legal basis? |
| Data minimization | Only store relevant information and define clear deletion periods. |
| Automate data subject rights | Ensure information access, deletion, and objection are technically possible. |
| Save documentation | Maintain an automatic processing directory. |
| Disclose AI use | Communicate AI steps transparently. |
| Security measures (NIS2) | Are monitoring, risk reports, and incident flows active? |
| Regular audits | Perform internal controls and reports automatically. |
Important: The content of this article is for informational purposes only and does not constitute legal advice. The information provided here is no substitute for personalized legal advice from a data protection officer or an attorney. We do not guarantee that the information provided is up to date, complete, or accurate. Any actions taken on the basis of the information contained in this article are at your own risk. We recommend that you always consult a data protection officer or an attorney with any legal questions or problems.



