GDPR and Customer Reviews: Managing User-Generated Content Responsibly

Understanding how to handle online reviews and user-generated content has become increasingly important for businesses operating in the digital space. With the prevalence of customer feedback platforms and social media, information is constantly exchanged between users and businesses. While this can be incredibly valuable for shaping products and services, it also introduces significant responsibilities concerning personal data. The General Data Protection Regulation (GDPR), enforced since 2018, impacts how companies should approach customer reviews and other forms of user-generated content (UGC) to ensure compliance.

This legislation has forever changed the way organisations maintain transparency, obtain consent, and safeguard personal data. UGC, by its very nature, often includes personal identifiers or statements from users that can be directly or indirectly linked to an individual. For businesses across the UK and throughout Europe, it’s essential to understand the implications of GDPR in this context and apply best practices for handling such content responsibly.

Why User-Generated Content Matters

User-generated content encompasses a wide variety of materials, from product reviews and testimonials to social media posts, photos, videos, and even forum discussions. For consumers, this type of content provides authentic perspectives from fellow users, fostering trust in products or services. For companies, it’s free marketing material that adds credibility and enhances brand awareness.

However, because UGC often includes personal data—such as usernames, personal opinions, locations, or uploaded media—it falls under the remit of GDPR. When businesses utilise this type of content in any way—displaying reviews on a website, sharing testimonials on social media, or storing customer-submitted photos—they assume the role of data controller for the information. This carries obligations and risks that must be managed diligently.

Collecting and Displaying Customer Reviews

When gathering reviews, whether through a form on your website or via a third-party platform, the first critical step is transparency. GDPR mandates that individuals must be made clearly aware of how their data will be used. If a business asks for a name, email address, or location along with a written review, that information constitutes personal data.

A privacy notice should be provided at the point of data collection. This notice must outline not just what data is being collected, but why, what will be done with it, whether it will be shared with any third parties, and how long it will be retained. Full transparency is a cornerstone of lawful data processing under GDPR.

The concept of lawful basis is also vital. According to GDPR, data should only be processed if there is a valid legal ground for doing so. In the case of customer reviews, most businesses rely on one of three bases:

– Consent: When a user explicitly agrees to the use of their data for specific purposes, such as publication on a website.
– Legitimate interest: If a business has a genuine reason for using the data, such as analysing customer satisfaction, provided this doesn’t override the individual’s rights.
– Performance of a contract: For example, collecting feedback as part of a service review requested by the user.

In any case, businesses must determine and document the lawful basis on which they collect and process review data.

Anonymity and Minimisation

A practical approach to reducing GDPR risk is data minimisation. This principle encourages businesses to collect and retain only the minimum amount of personal data necessary to achieve their purpose. In terms of customer reviews, it may not always be necessary to publish the full name or other identifying information of the user. Simply displaying the content of the review with an anonymous identifier—such as initials or a general location—can still provide value to other customers without compromising personal data.

Similarly, businesses can offer the option for users to submit reviews anonymously or pseudonymously. This not only serves as a protective measure under GDPR but also promotes inclusivity by making people more comfortable contributing their feedback.

User Rights and Content Removal

One of the core innovations of the GDPR is the expansion of data subject rights. These include the right to access, rectify, restrict, or erase personal data. When applied to customer reviews and UGC, these rights can pose practical challenges, especially when the content is already published and widely shared.

If a user requests to see what personal data is held about them—including any reviews they may have submitted—a business must respond within 30 days. This can include information about when a review was submitted, where it’s been published, and whether it was shared with any third-party platforms.

Perhaps more significantly, individuals have the “right to erasure”, sometimes called the right to be forgotten. If a user requests the deletion of a review, and there’s no compelling legal reason to retain it (such as for legal disputes), the business must comply and remove the content. This becomes complex when the data is published on third-party sites, which may have separate GDPR obligations. Therefore, businesses should also implement policies to allow users to easily manage or withdraw their consent.

Using Reviews in Marketing Materials

Repurposing reviews from your website or other platforms into promotional content—such as brochures, advertisements or social media posts—introduces a new level of personal data usage. Whether or not the original review was publicly available, using it in a different context requires additional scrutiny.

Even if a review was initially given with consent to publish on a product page, using it in a social media ad campaign may stretch beyond what the user originally agreed to. This is especially sensitive if the review includes identifying information or emotional statements. Therefore, it’s best practice—and often a legal necessity—to obtain separate, explicit consent from the individual before using their review in commercial marketing.

Moreover, businesses should maintain records of such consent to demonstrate compliance if it is ever challenged.

Third-Party Platforms and Shared Responsibility

Many companies rely on platforms such as Trustpilot, Feefo, Google Reviews, or TripAdvisor to collect and display reviews. While this can be efficient and offers wider exposure, it raises complex questions about data responsibility under GDPR.

Technically, both the platform and the business may be considered data controllers. This concept is often referred to as “joint controllership”, where both parties have influence over the purpose and means of processing the data. This requires clearly defined roles, responsibilities, and communication lines between the business and the third-party platform.

Under GDPR, both parties are obliged to ensure there is a valid legal basis for data processing, that data is kept secure, and that data subject rights are upheld. Businesses should ensure they thoroughly vet any third-party service provider for GDPR compliance and have in place appropriate data-sharing or data-processing agreements.

Monitoring and Moderating Content

While freedom of expression is important, businesses may need to moderate customer reviews and other forms of UGC to meet community standards or legal obligations. However, moderation must also comply with GDPR principles.

Firstly, moderation should not involve excessive data collection or intrusive surveillance. For example, using automated tools to assess tone, sentiment or content themes is permissible, but profiling users without a lawful basis could violate privacy rights.

Secondly, any moderation process which alters or hides reviews should not mislead consumers. Transparency is key—if reviews are curated or filtered (such as by language or rating), companies should disclose this.

Moderators should also be trained to recognise any data that could inadvertently fall under special category data, such as health information or political opinions. Such data is subject to stricter rules and cannot be processed without explicit consent or another special exemption under GDPR.

Responding to Reviews Without Breaching Privacy

Another common issue is how businesses should respond to reviews that contain negative feedback, especially when doing so publicly. A proper response can show responsibility and care, but it’s important not to include any personal data in return comments—such as referencing a specific order number, medical condition, or personal situation—without express consent.

Even if the reviewer initiated the conversation, businesses are still bound by data protection rules. Responses should be polite, generalised, and if necessary, invite the individual to move the discussion to a private channel such as email or direct messaging.

Accountability and Documentation

The GDPR obliges companies not only to follow the law, but also to demonstrate that they are doing so. Maintaining appropriate records, policies and training logs is critical.

Businesses should have an internal policy on managing customer reviews and user-generated content. This must outline roles and responsibilities, legal bases for processing, moderation criteria, data retention practices, and a protocol for data subject requests. Regular audits of UGC-related processing activities are also advisable.

If a company is subjected to a GDPR investigation, having proper documentation in place can significantly mitigate reputational and financial damage.

Protection by Design and Default

One of the forward-thinking provisions of GDPR is the requirement for “data protection by design and by default”. This means that any process or system involving personal data must be designed to uphold data protection principles from the outset—not as an afterthought.

In the context of user-generated content, this calls for features like opt-in checkboxes for consent, options for anonymous contribution, tools for data access and deletion, and secure storage methods. Privacy should be integrated into every step of how you collect, store, display, or share review content.

In addition, businesses should carry out a Data Protection Impact Assessment (DPIA) when launching new review systems or large-scale UGC initiatives. This identifies and mitigates privacy risks at an early stage.

Building Trust Through Compliance

While GDPR compliance may initially seem burdensome, particularly in the comparatively informal world of online reviews, it ultimately serves a vital purpose. Customers increasingly care about how their data is handled. By respecting privacy rights and implementing transparent, fair practices, businesses not only stay within the law but also build deeper trust with their audience.

That trust, built on clarity and ethical behaviour, contributes to long-term customer loyalty. Responsible handling of UGC—a resource rooted in community and authenticity—can become one of your most powerful differentiators in an increasingly privacy-conscious marketplace.