The General Data Protection Regulation ("GDPR") is the primary legislation in Europe that significantly impacts personal data processing. It mandates stringent changes for businesses, including fines of up to 4% of global revenue or €20 million, while expanding data subjects' rights like the "right to be forgotten".
In this dynamic environment prioritizing privacy "by design," individuals gain more control over their private data.
We meticulously align with European governmental and independent regulatory standards, given the flexibility and sensitivity of "legitimate interest" as a fundamental basis for data processing.
An interest is considered legitimate if it aligns with data security and other applicable laws, as defined in GDPR's Article 6 (1)(f) and Recital 47. This explicitly includes marketing purposes: "...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 permissible under this basis. It must still demonstrate necessity and balance.
Providing a clear opt-out choice during data collection or initial communication is crucial under Article 21(2), enhancing legitimacy.
Legitimate interests can be commercial, individual, or societal, but must be balanced against the rights and freedoms of individuals.
If processing would cause unjustifiable harm or was not anticipated by individuals, their rights would typically override legitimate interests.
Yes, processing for B2B contacts is legal under legitimate interests, provided it meets the three-part Legitimate Interest Assessment criteria.
Clearly define the purpose of processing and ensure it is essential. Business contacts typically expect such processing and are less impacted personally, simplifying the balancing test.
For further details on legitimate interest principles and assessment, which we strictly adhere to, visit DMA Guidance on Legitimate Interests or contact us via email.