The rapid expansion of affective artificial intelligence and emotional computing within marketing systems has given rise to a new domain of collection, processing, and commercial exploitation of customers’ emotional data. This data derived from the analysis of facial expressions, vocal tone, behavioral patterns, and physiological signals reveals profoundly sensitive information connected to the inner emotional world of individuals. However, existing legal frameworks in cyber law and data protection face fundamental challenges in defining the legal nature, ownership, and scope of protection of such data.

This study employs an interpretive-analytical method, relying on documentary research and doctrinal analysis of laws, regulations, case law, and specialized literature, to examine the conceptual foundations of emotional customer data ownership and its associated cyber law challenges. A systematic review of the literature and legal documents reveals five key findings: the ambiguous classification of emotional data within legal taxonomies; structural inadequacies in the principle of informed consent; the risk of invasive behavioral manipulation enabled by artificial intelligence; the gap between the pace of technological development and legal response mechanisms; and legal asymmetry between consumers and corporations.

A comparative analysis of three legal regimes Europe, the United States, and China with a focus on legislative developments in 2025 and 2026, demonstrates that none of these systems provides a comprehensive solution to the issue of emotional data ownership. Finally, a four-layer governance framework for emotional data is proposed, aiming to balance marketing innovation with the dignity, autonomy, and fundamental rights of consumers, while emphasizing the need to reconsider existing legal classifications of sensitive data.