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Brand Safety 2.0 FAQ

Table of Contents

Brand Safety Feature: Data Categories FAQ

This FAQ is provided for informational purposes only to help you understand the types of data that are subject to additional restrictions when using the Brand Safety Feature. It does not constitute legal advice. You are responsible for ensuring that your use of the Brand Safety Feature complies with applicable law, including applicable data protection and AI laws. If you have questions about your obligations, please consult your own legal counsel.

Which laws might apply to my use of the Brand Safety Feature?

Certain laws impose additional requirements (and in some cases prohibitions) on the kinds of analysis the Brand Safety Feature can perform. The most significant are the EU General Data Protection Regulation (GDPR), the UK GDPR, and the EU AI Act. Other jurisdictions have or are adopting similar laws.

Whether these laws apply to a particular analysis depends on factors including your location and the location of the creators whose content you analyze. For example, the GDPR and EU AI Act can apply where you are established in the EU or UK, or where the creators you analyze are located in the EU or UK, even if your business is based elsewhere. You are responsible for determining whether these laws apply to your use of the feature. The restrictions described below apply whenever such a law applies to your processing.

What are special categories of personal data?

Under the GDPR and UK GDPR, certain types of personal data receive additional legal protection because of their sensitive nature. These are referred to as "special categories" of personal data and include data that reveals or could be used to infer:

  • Political opinions (e.g., support for a political party, candidate, or movement)
  • Religious or philosophical beliefs (e.g., religious affiliation, atheism, or spiritual practices)
  • Racial or ethnic origin
  • Trade union membership
  • Health information (e.g., medical conditions, treatments, disabilities)
  • Sex life or sexual orientation (e.g., LGBTQ+ identity)
  • Genetic or biometric data used to identify a person

Where these laws apply, processing special category data requires a specific legal justification beyond the standard requirements for other personal data. These justifications are limited and strictly interpreted, and general "legitimate interests" is not sufficient.

What is criminal offense data?

Data relating to criminal convictions, offenses, or alleged criminal activity also receives additional legal protection. Depending on the jurisdiction, processing this type of data may require specific legal authorization under national law.

What about emotions?

Separately from the privacy laws above, the EU AI Act restricts AI systems that infer a person's emotions or intentions from their appearance, voice, or behavior, particularly in contexts related to work, hiring, or the selection of people for opportunities. Where the EU AI Act (or an equivalent law) applies to your use of the feature, and because evaluating creators for brand partnerships can fall within this scope, inferring a creator's emotional state may be prohibited outright, with no "legal basis" available to make it permissible. In those circumstances, you should not use the Brand Safety Feature to infer creators' emotions or intentions. Where no such law applies to your processing, this restriction does not apply.

Why does this matter for the Brand Safety Feature?

When you define a Safety Category and the Brand Safety Feature analyzes creator content against it, the resulting output is personal data about the creator. If the Safety Category you define is designed to identify, or could reasonably be used to infer, any of the characteristics listed above, the output may constitute special category data or criminal offense data, even if:

  • That was not your intention
  • The inference may not be accurate
  • The creator posted the content publicly

What kinds of Safety Categories could create this risk?

Where a law described above applies, the following categories are restricted under the Brand Safety Feature Addendum. For special category and criminal offense data, you may only proceed if you have established a valid legal basis for the processing. For emotion or intent analysis, where a law such as the EU AI Act applies, the processing may be prohibited outright and you should not proceed; no legal basis is available to permit it.:

Category type Why it's restricted
Political figures or movements Special category data (GDPR)
Religious content
Sexual orientation or gender identity
Race, ethnicity, or national origin
Health conditions
Trade union activity
Criminal activity Criminal offense data (GDPR Art. 10)
Emotional state or mood Emotion inference (EU AI Act)

 

What kinds of Safety Categories are generally lower-risk?

Categories focused on content characteristics rather than personal characteristics of the creator are generally lower-risk. Examples include:

  • Competitor brand mentions and paid partnerships
  • Explicit or graphic violence
  • Profanity or explicit language
  • Unsafe behaviors (e.g., dangerous driving, unsafe product use)
  • Regulatory compliance topics (e.g., unsubstantiated health claims, missing advertising disclosures)
  • Brand-specific product or messaging conflicts

What should I do if I'm unsure whether a category is permitted?

If you are unsure whether a Safety Category could result in the processing of special category data, criminal offense data, or a restricted emotional inference, we recommend consulting your own legal or compliance team before enabling it. As set out in the Brand Safety Feature Addendum, you are responsible for determining whether these laws apply to your use of the feature and for ensuring that each Safety Category you enable or define complies with applicable law.

Sprout Social reserves the right to review, modify, disable, or remove any Safety Category that it reasonably determines creates legal, regulatory, or reputational risk.

Where can I learn more?

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