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Legitimate Interest Agreement

By Zach Arnold | September 25, 2021

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There are no special conditions of a category equivalent to legitimate interests, since the conditions are more specific for the purposes of the processing. However, the GDPR has ten specific category conditions (supplemented by Annex 1 of the Data Protection Act 2018). You should consider whether any of these conditions escape the circumstances. `In any event, the existence of a legitimate interest would require careful consideration, including whether a data subject can reasonably expect that processing can take place for that purpose at the time and in the context of the collection of personal data. In particular, the interests and fundamental rights of the data subject could put an end to the interest of the controller where personal data are processed in circumstances in which data subjects do not reasonably expect further processing. As it may apply in the most diverse circumstances, it is your responsibility to balance your legitimate interests against the need to process personal data against the interests, rights and freedoms of the individual, taking into account the particular circumstances. This differs from other legal bases that assume that your interests and those of the individual are balanced. As part of the data protection audits we carry out for several clients in order to bring them into compliance with the European General Data Protection Regulation, it is common for companies to need a single consent for the processing of personal data for the provision of marketing messages of their products / services, as well as for those of third parties and for the profiling of their customers. In addition, there is a great deal of confusion as to when and how legitimate interests can be exploited in terms of data protection and to what extent the performance of the contract can be used to justify data processing activities. You can invoke legitimate interests to transmit personal data to third parties. It can be your own interests, the interests of a third party, or both. The GDPR is clear that the interests of the individual could in particular overigh your legitimate interests if you intend to process personal data in a way that the individual does not reasonably expect.

This is due to the fact that, when processing is unexpected, individuals lose control over the use of their data and may not be able to exercise their rights. This is a clear link with your transparency obligations. The distributor will be primarily interested in the reasons of legitimate interests and the agreement. (For more information on consent, see our previous articles on UX best practices for obtaining consent for marketing and some UX that may need to be improved.) As suggested by the DPN, the legitimate interest could include direct mail from a charity to existing supporters to inform them of the details of upcoming events. Individuals may object to the processing of data for legitimate reasons (Article 21 GDPR), with the controller having the opportunity to defend themselves, while individuals who use a consent of the controller have the right to revoke that consent and the “right to erasure”. . . .

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