Expanding into the European market presents an exciting opportunity for U.S. companies, but it also comes with a unique set of challenges—especially when it comes to privacy laws. European regulations are some of the strictest in the world, and failure to comply can result in significant fines and damage to your brand’s reputation.
At Urban Thier & Federer, P.A., we frequently advise U.S. businesses navigating these complex regulations. With offices in Munich, London, Barcelona, and Paris, as well as a strong presence in the U.S., we understand the legal landscape on both sides of the Atlantic. If your company is looking to expand its marketing reach into Europe, here’s what you need to know about privacy laws and how they impact your strategy.
The General Data Protection Regulation (GDPR)
At the forefront of European privacy law is the General Data Protection Regulation (GDPR), which came into effect in May 2018. The GDPR applies to any company, regardless of location, that processes the personal data of individuals within the European Union (EU). U.S. companies targeting EU consumers through marketing campaigns or offering goods and services must ensure compliance with GDPR’s comprehensive requirements.
The GDPR imposes strict guidelines on how companies collect, store, and use personal data. This includes obtaining explicit consent from individuals before collecting their data and providing them with clear and easy-to-understand privacy notices. Additionally, companies must offer users the option to withdraw consent at any time.
Under the GDPR, businesses must also implement strong data security measures, conduct data protection impact assessments when introducing new marketing practices, and ensure that personal data is processed in a manner that respects privacy rights. Failure to comply with the GDPR can lead to fines of up to €20 million or 4% of a company’s global turnover, whichever is greater.
Cookies and Tracking Technologies
In addition to GDPR, companies must also comply with the ePrivacy Directive,, which regulates the use of cookies and other tracking technologies. European law requires that users be given a clear choice to opt in or out of cookie tracking, meaning that common marketing tools like retargeting ads, behavioral tracking, and even Google Analytics need to be configured to meet European standards.
For businesses, this means rethinking how they approach digital marketing. A well-designed cookie consent banner that clearly explains data usage and respects user choices isn’t just a legal necessity—it’s also a trust-building tool. European consumers are increasingly privacy-conscious, and companies that demonstrate transparency in their data practices can gain a competitive edge.
Email Marketing and Data Transfers
Email marketing remains a powerful tool, but under GDPR, companies must have explicit consent before sending marketing emails to European consumers. Purchased email lists are a big no-go, and companies must provide an easy way for users to unsubscribe at any time. Additionally, companies transferring data from Europe to the U.S. must ensure compliance with the latest data transfer regulations, especially after the invalidation of the Privacy Shield framework in 2020.
How Urban Thier & Federer Can Help
Navigating the complexities of European privacy laws can be challenging, but with the right legal support, U.S. companies can mitigate risks and ensure compliance. At Urban Thier & Federer, we specialize in providing strategic legal guidance to businesses looking to expand internationally. Our team can assist with understanding and implementing GDPR-compliant marketing strategies, ensuring that your data handling practices align with European privacy standards. Contact us today to learn how we can help protect your business and maximize your growth potential in Europe.