The General Data Protection Regulation ("GDPR") is the primary legislation in Europe impacting personal data processing. It introduces stringent rules like fines up to 4% of global revenue or 20 million euros, and enhances data subjects' rights such as the"right to be forgotten". In this privacy-centric era, data protection should prioritize giving individuals control over their data.
Explicit consent is crucial for data processing, with "legitimate interest" being a flexible legal basis. However, it requires cautious handling due to its flexibility and vulnerability to scrutiny by European regulatory bodies.
We closely monitor European governmental and independent regulatory agencies, adapting our operations to their standards.
An interest is considered legitimate if it aligns with data security and other applicable laws. GDPR's Article 6(1)(f) and Recital 47 define legitimate interest, explicitly stating that processing for direct marketing purposes can be legitimate.
However, not all commercial processing qualifies. You must demonstrate necessity and balance, considering factors like expected consumer response, annoyance from unsolicited marketing, and impacts on vulnerable groups like children.
Article 21(2) allows individuals to object to marketing, making it harder to pass the balance test without offering a clear opt-out choice upfront.
Legitimate interests can serve personal, commercial, or societal purposes, but must balance against potential harms to individuals' rights and freedoms.
Your interests must be balanced against those of others. If the processing causes unjustifiable harm or surprises data subjects, their interests usually take precedence.
Yes, B2B processing can be justified under legitimate interest, subject to a three-part assessment:
Business contacts typically anticipate commercial data processing and are less impacted personally, simplifying the balance test.
For more on legitimate interest and its assessment, see DMA's guidance publication or contact us via email.