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What is "legitimate interest"?

Legitimate interest is one of the legal bases provided by the GDPR.

The data controller's interest is distinct from the purpose of the processing.

As a reminder, the purpose of data processing is the reason for the processing, answering the question "Why am I processing this data?" On the other hand, the interest, as explained earlier, is the pursuit of a benefit for the data controller.

For example, you cannot send newsletters to all your customers by default based on your legitimate interest. The appropriate legal basis in this case would be the consent of the individuals concerned.

To choose legitimate interest as a legal basis, one must carefully consider its conditions of applicability.

When to choose legitimate interest?

There are 3 criteria to meet in order to choose legitimate interest as a legal basis.

  1. The interest must be legitimate.

  2. The processing must be necessary.

  3. The interest must be proportionate to the fundamental rights and interests of the individuals concerned.

Document the legitimate interest in Mission RGPD

In Mission RGPD's Record of Processings, open a processing record in the editing stage (advanced mode). Select the legal basis for the processing and document it accordingly.