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Legitimate interest

Term, not defined in lawGDPR

This is not a legal definition. Described in Article 6(1)(f) of the GDPR; further explained in Recital 47 of the GDPR.

A valid reason for processing (Article 6(1)(f) GDPR) that may also be a purely commercial interest, such as approaching potential new customers. Public authorities may not rely on legitimate interest. If one relies on this ground, a three-step test must be applied: (1) is there a real, legitimate interest, (2) is the processing necessary for it, and (3) do the interests, fundamental rights and reasonable expectations of the data subject not outweigh it. Recital 47 GDPR gives as examples a client or employment relationship, fraud prevention and direct marketing.

Questions about what this term means for your organisation? Contact Mr. Dr. Vlieger.