Definition
Under the GDPR, legitimate interest is a lawful basis for processing personal data without explicit consent. To rely on it, you must conduct a balancing test that documents: the purpose of the processing (e.g., sending B2B marketing emails to business contacts), why it is necessary, the potential impact on the individual, and the safeguards in place to protect their rights. The test must conclude that your legitimate interest is not overridden by the individual's rights. The test must be documented and reviewed regularly. It is most commonly used for B2B email marketing where obtaining explicit consent from every business contact is impractical.
Related Glossary Terms
CAN-SPAM Act
The CAN-SPAM Act is a US law that sets rules for commercial email. It requires accurate subject lines, a physical address, a clear opt-out mechanism, and prompt processing of unsubscribes. Violations can result in penalties up to $51,744 per email.
Consent Expiry (Email Marketing)
Consent expiry is the time period after which a subscriber's permission to send marketing emails legally expires and must be re-obtained, varying by jurisdiction and consent type.
Right to Data Portability (GDPR)
The right to data portability allows individuals to obtain and reuse their personal data across different services, including exporting subscriber data from email marketing platforms.
Data Processing Agreement (DPA)
A Data Processing Agreement (DPA) is a legally binding contract between a data controller and a data processor that defines how personal data will be handled, required under GDPR for email service providers.
Data Retention Schedule (Email Marketing)
A data retention schedule defines how long subscriber personal data is stored after unsubscribing or becoming inactive, ensuring compliance with GDPR, CCPA, and similar privacy laws.
Data Subject Access Request (DSAR)
A Data Subject Access Request (DSAR) is a GDPR right allowing individuals to request access to their personal data held by an organisation, including email marketing data.