The General Data Protection Regulation (GDPR) is a crucial legislation in Europe that profoundly affects all aspects of personal data processing. It introduces significant changes for businesses, including potential fines up to 4% of global revenue or 20 million euros. Simultaneously, it enhances data subjects' rights, such as the right to be forgotten.
In this dynamic environment where privacy is designed into processes (privacy by design), the guiding principle is to empower individuals with greater control over their personal data.
We approach GDPR compliance with utmost care, closely monitoring European governmental and independent regulatory agencies. We have meticulously adapted our operations to meet their stringent standards.
An interest can be considered legitimate if the controller can pursue it in a manner that respects data security and other applicable laws.
GDPR defines legitimate interest in Article 6(1)(f) and Recital 47. Marketing purposes are explicitly recognized as legitimate, stating "...the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate aim."
However, not all commercial processing is automatically justified. You must demonstrate that your processing meets the necessity and balance requirements.
Article 21(2) grants individuals the right to object to direct marketing, making it harder to justify processing if you don't offer a clear opt-out at the point of data collection or initial communication.
Legitimate interests can be commercial, individual, or societal, and must be balanced against the interests of data subjects. If processing would cause unjustifiable harm or was unforeseen by the individual, their interests generally take precedence.
Yes, legitimate interests can justify processing for B2B contacts, but it requires a three-part Legitimate Interest Assessment.
Define the specific purpose for processing and ensure it is essential for that purpose.
If the first two parts of the assessment are passed, conduct the balancing test. Processing is typically easier to justify for business contacts who reasonably anticipate such use of their personal data and are less likely to be significantly impacted.
For more information on the legitimate interest principle and its assessment, which we rigorously adhere to in our operations, refer to the DMA guidelines or contact us via email.