How Compliance and Performance Can Work Together

Why marketing and legal teams don't have to be enemies

Baris Gurbuzler
CEO

Last week, I watched something interesting happen at the Istanbul Privacy Summit.

The event was packed with data protection officers, GDPR lawyers, and KVKK compliance teams. As a representative of Hardal, I expected questions about cookie banners and jokes about how marketers are not trouble makers. Instead, they asked about:

  • First-party data
  • How to recover lost iOS traffic data
  • How to track users anonymously
  • Server-side tracking

Finally, it was great to see that marketers and legal teams are starting to be on the same ship.

The False Choice

For years, businesses have believed they must choose:

Option A: Strong privacy protections (but blind marketing)
Option B: Effective marketing measurement (but compliance risk)

This is not true.

The real problem isn't privacy vs. performance. It's bad data infrastructure.

What Privacy-First Marketing Actually Means

Privacy-first marketing doesn't mean collecting less data or accepting worse results.

It means:

  • Building measurement on infrastructure you control
  • Knowing exactly what data you collect and why
  • Giving customers real transparency
  • Making better decisions because your data is accurate

Most companies think they're doing privacy-first marketing because they have a cookie banner. They're not.

Real privacy-first marketing starts at the infrastructure level.

Why Current Tracking Fails Both Teams

Traditional client-side tracking (Google Analytics, Facebook Pixel, etc.) creates problems for everyone:

Marketing's Problems:

  • Lose 30-50% of data to ad blockers and iOS restrictions
  • Can't track full customer journeys across devices
  • Spend hours on manual reporting
  • Don't know which campaigns actually drive revenue

Legal's Problems:

  • Can't audit what's actually being collected
  • No clear data lineage for GDPR compliance
  • Third-party scripts they can't control
  • Constant worry about regulatory fines

The Shared Root Cause:

Both teams are suffering from the same issue - unreliable, uncontrolled data collection.

What We Learned from 60+ Brands

At Hardal, we work with major brands across fashion, e-commerce, travel, and automotive etc.

Here's what they tell us:

Before implementing privacy-first tracking:

  • "Marketing and legal don't talk to each other"
  • "We're guessing at compliance"
  • "We can't measure mobile traffic"
  • "We waste 5 hours a week on reports."

After:

  • "We recovered 35% more conversion data"
  • "Legal can prove compliance in 10 minutes"
  • "Marketing and legal are aligned on data strategy"
  • "We spend 10 minutes a week on reporting"

The difference? Server-side infrastructure that serves both teams.

The ROI Math is Simple

Let's say you're spending $1M annually on digital marketing.

Without privacy-first infrastructure:

  • Lose up to 60% of data to tracking failures
  • Can't measure $600K of your budget
  • Waste time on manual reporting
  • Face compliance risk

With privacy-first infrastructure:

  • Recover up to 60% of hidden conversions
  • Automated reporting saves 200+ hours/year
  • Clear compliance reduces legal risk
  • Better decisions improve ROAS by 20-30%

Starting Your Privacy-First Journey

If you recognize your company in this article, here's how to move forward:

Get your CMO, DPO (Data Protection Officer), and CTO in the same room. Show them this isn't a trade-off. It's an upgrade for everyone.

This is how you win in 2025 and beyond.

Ready to switch first-party and server-side measurement?

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