• Home
  • About
    • What is GDPR?
  • Resources
    • What?
    • Advice
    • Opinions
    • Future
    • Case Studies
  • Contact
  • Access the library
    • What is the library?
    • Log In
    • Sign Up
    • What we’ll do with your information

UK Marketer's Guide to GDPR

Resources designed specifically for B2B marketing implications of GDPR

  • What?
  • Advice
  • Opinions
  • Future
  • Case Studies
  • Nett Sales Home

Relying on legitimate interest is a delicate (and dangerous) balancing act

September 23, 2016 By Steph

“Under EU privacy law, we are used to thinking about “opt-in consent” as the ground normally used to legitimise the processing of personal data for marketing purposes. “Opt-out mechanisms” are instead an exception allowed only (i) for using email addresses already obtained by the data controller in the context of the sale of a product/service and (ii) for direct marketing of its own similar products or services, i.e. excluding direct marketing of third party’s products.

The General Data Protection Regulation (GDPR) apparently has strengthened this approach although it does not formally repeal the E-Privacy Directive, the latter will be soon amended to conform with it – otherwise a dual regime would make little sense. Personal data shall be processed on the basis of the consent of the data subject or some other legitimate basis including “legitimate interest”.” – Francesco Banterle, IPlens, July 12th 2016

In this article Francesco Banterle provides what we view as the best breakdown of legitimate interest on the web. It is perhaps the most contentious and confusing issue of the entire regulation particularly for us marketers.

In lieu of any official guidance, this article is immensely valuable and covers exactly what is and isn’t acceptable for marketers under the new regulations using scenarios and past legal cases. Well worth a read for anyone considering using legitimate interests as a basis for avoiding seeking consent. 

Want instant access to the full article and exclusive access to the latest opt-in advice, discussion and implementation?
Log In Sign Up

Filed Under: Access the Library, Advice, Case Studies Tagged With: 98

Log In

  • Lost Password
  • E-mail
  • Linkedin
  • Twitter

Latest Articles

So, what actually happens to B2B email marketing under GDPR?

So, what actually happens to B2B email marketing under GDPR?

Summer 2017 Update on GDPR

Summer 2017 Update on GDPR

ICO: No legitimate interests guidance until the new year

ICO: No legitimate interests guidance until the new year

Opt-in laws in Canada share a lot with GDPR – what can they tell us?

Opt-in laws in Canada share a lot with GDPR – what can they tell us?

More Resources

What can DMA guidance tell us about the latest GDPR interpretation?

What can DMA guidance tell us about the latest GDPR interpretation?

Worked examples for tackling GDPR compliance

Worked examples for tackling GDPR compliance

What can Canadian opt-in laws tell us about the real life implications of GDPR?

What can Canadian opt-in laws tell us about the real life implications of GDPR?

What you’ll find…

What? - Articles covering the basics of GDPR, who it will apply to and the biggest implications for SMEs and B2B marketing

Advice - This section will cover questions on strategy, implementation and getting the best consent rates you can

Opinions - Reactions from experts across legal and sales professions on what to expect from the GDPR

Future - In depth discussion on what the future of the GDPR will be in the UK and predictions of the biggest changes

Case Studies - Use the experience of other companies to formulate your own plans, see examples of consent forms and the rates of success

Contact

Nett-Sales LLP, East Office, Smiths Barn, West Street, Aldbourne, Wiltshire, SN8 2BS

E: gdpr@nett-sales.com
T: 01672 505050
W: www.nett-sales.com

About

This guide was born from a desire to clarify exactly what the GDPR meant for the many other SMEs who run B2B marketing campaigns.

So go explore; use and abuse these resources, figure out what the laws mean for you and if you have any concerns get in touch.

Recent Posts

  • So, what actually happens to B2B email marketing under GDPR?
  • Summer 2017 Update on GDPR
  • ICO: No legitimate interests guidance until the new year
  • Opt-in laws in Canada share a lot with GDPR – what can they tell us?
  • What the reaction to CASL can tell us about GDPR

Copyright © 2018 · Privacy · Cookie Policy

Cookie Policy: See more...