GDPR Ready

The General Data Protection Regulation ("GDPR") stands as the cornerstone of data protection laws in Europe, profoundly impacting all facets of personal data handling. While it introduces stringent measures for businesses, such as penalties of up to 4% of global revenue or €20 million, it also enhances the rights of individuals, including the "right to be forgotten".

In a world where privacy is paramount and embedded in design, the focus remains on empowering individuals with greater control over their personal data.

Explicit consent remains fundamental to lawful data processing, with "legitimate interest" emerging as a flexible legal basis for processing.

We handle this aspect cautiously, acknowledging its flexibility and sensitivity. We closely monitor European regulatory bodies, adapting our practices meticulously to meet their standards.

DEFINING LEGITIMATE INTEREST

An interest is deemed legitimate if pursued by the controller in compliance with data security and other relevant laws.

Legitimate interest is explicitly defined in Article 6(1)(f) and Recital 47 of the GDPR. Recital 47 specifically identifies marketing as a legitimate purpose: “…processing of personal data for direct marketing purposes may be considered legitimate.”

However, not all commercial processing is automatically justified. It must still meet criteria of necessity and balance.

When conducting the balance test, consider:

  • Whether individuals would reasonably expect their data to be used in this manner;
  • The annoyance factor associated with unsolicited marketing;
  • The potential impact of communication methods on vulnerable groups, such as children.

Since individuals have the right to object under Article 21(2), passing the balance test becomes more challenging without providing a clear opt-out option during data collection or initial communication.

Legitimate interests can be commercial, individual, or societal, requiring careful consideration and balance against the rights of individuals.

It’s essential to weigh your interests against potential harm. If individuals could not reasonably foresee the processing or if it causes undue harm, their rights may supersede your legitimate interests.

USING LEGITIMATE INTERESTS FOR B2B CONTACTS

Yes, legitimate interests can justify B2B data processing, subject to a thorough Legitimate Interest Assessment.

Ensure the processing purpose is clearly defined and essential for its intended use.

If passing the initial criteria, also pass the balance test. Business contacts generally anticipate such processing in commercial contexts, reducing personal impact.

For more details on legitimate interests and its assessment, which we rigorously follow in our operations, refer to https://dma.org.uk/uploads/misc/59ca0f2e17ef3-dpn-li-guidance-publication/59ca0f2e17e5a.pdf or contact us via email.