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Hugo Flavier
Common Market Law Review
Volume 57, Issue 6 (2020) pp. 2007 – 2008
https://doi.org/10.54648/cola2020779
Extract
The Court of Justice
of the European Union (CJEU) ruling in Case C-621/22 provides certainty
regarding the possibility to qualifying commercial interests as legitimate
interests under Article 6(1)(f) of the General Data Protection Regulation (GDPR).
The CJEU enumerates the criteria that must be fulfilled and confirms that
direct marketing falls under the notion of legitimate interest. The decision
was published simultaneously with the new guidelines of the European Data
Protection Board (EDPB), which aim to provide further guidance to data
controllers on how to assess in practice if a data controller’s interests
constitute legitimate interests under the GDPR and can therefore justify the
processing of personal data.