What is ‘legitimate interest’?

In our latest article in the series about GDPR we take a closer look at ‘legitimate interest’. What does it stand for and what might it entail for your business? Paloma’s CEO, Peter Berg, helps us clarify the concept.

Why has the issue of ‘legitimate interest’ arisen in connection with the new data protection regulation GDPR that enters into force on May 25 this year?

Answer: I think the issue has emerged because PUL, the Personal Data Act, the law that GDPR is replacing this spring, and the Marketing Act, MFL, raise specific situations and areas where saving data without consent is allowed.

Can you give some examples of such situations?

Answer: For example, in certain cases concerning direct marketing. According to PUL, your personal data may be processed without consent if it is clearly stated that the data controller’s legitimate interest outweighs the data subject’s interest in privacy protection.

What does the Marketing Act say about how we are allowed to use direct marketing without consent?

Answer: This is what MFL says about direct marketing, in a general sense:

‘A trader may, in their marketing to a physical person, only use electronic mail, telefax or such automatic calling machines, or other similar automated systems for individual communication that is not served by an individual, if the physical person has consented to this in advance.’

But the requirement for consent does not apply if:

  1. the data subject has not actively opposed mailings and e-mail marketing from you and your company;
  2. the marketing relates to the trader’s own, similar products or
  3. the physical person is clearly given the opportunity to, free of charge and in a straightforward manner, oppose the use of the data for marketing purposes when it is collected and with each subsequent marketing announcement. 

How does GDPR’s ‘legitimate interest’ compare to PUL’s balance of interests and MFL?

Answer: In PUL and MFL, balance of interests means that you may save personal data without consent when marketing specific products – if a particular interest to the recipient exists!

In principle, the same balance applies with GDPR and after May this year it will still be possible to process personal data without consent. But it must be assessed on a case-to-case basis, and after considering the balance of interests. Direct marketing may be such a legitimate interest.

Are there any differences between PUL’s balance of interests and GDPR’s legitimate interest?

Answer: Yes, of course! GDPR places significantly higher demands on personal data protection. For instance, when it comes to saving personal data that belongs to children. The processing of personal data is only legal if it is absolutely necessary for your company or organisation to save the data, and if the data subject’s interests, rights and freedoms do not carry more weight and require special protection, such as when the data subject is a child.

What does the Swedish Data Protection Authority say about the difference between PUL and GDPR regarding balance of interests and legitimate interest?

Answer: The Data Protection Authority still refers to a brochure on balance of interests under PUL. Information about balance of interests according to PUL can be found here.

CREATE EVENT

Get our smart tips on digital marketing. The newsletter will be published with about 10 numbers a year and of course we will not leave your address to anyone. Much pleasure!

Lämna följande fält tomt
READ MORE

 

Event planning & management made easy

Yes, this is it. Here is the ultimate event planning and management tool, serving you with structure and sharp functions while easy to use. Manage your event within every step of the way using Magnet event management tool online. 

Online event planner – for any event

Use Magnet as your online event planner whether you are a professional event planner, planning business events from time to time, or setting out to create a meet up free of charge.

If you want to send out invitations and set up an event registration page for a free event, you can use Magnet event planning tool for free. If you aim to sell tickets, you will find a highly flexible ticket sales system within the tool, and a range of payment solutions to connect with.

Allowing you to manage events in every detail

To promote and manage your event and ticket sales you will have a strong line up of smart functions behind you.
This will save you time when getting as many attendees as possible to your event.

Manage everything from printing name tags to communicating important updates by SMS and checking in the guests at arrival.
All using the same software.

When the event is over, you will also have access to relevant data, such as metrics. And the opportunity to easily follow up on the experience of your attending guests.

Different types of tickets

Provide Early Bird tickets, discounts and discount codes on one or more tickets. Set timed tickets, add products to your ticket such as admission along with a T-shirt.
Offer a waiting list when fully booked.

Check in app

Using the check in app at the entrance you will also keep track of which and how many guests that has arrived.

Select payment method

Choose which payment method to use for each event, and set a preferred method if you have a first option.
Visa and Mastercard, Payex, Payson, Billogram, Invoicing, Economy.

Different VAT rates

Admin interface for sales, revenues and VAT, receipts, reports.

Distribute, market, and sell more tickets

Create your own event page with individual event URL, retrieve automatic map, add videos or pictures, embed on website.
Send invites, share on social media, send SMS.

Follow up on sales statistics and orders

Are there any tickets left for sale? Have a closer look at the orders, number of attendees and checked in attendees.

Tracking

Facebook pixel and LinkedIN.

Time to create an event?

Let’s try it out; sign up for free and start exploring. Once you’ve created an account you will have access to our help center with FAQ:s and guides.

Go create your first event.

At the centre of event & digital marketing – blog & news letter

Get in tune and keep up to date with events and digital marketing. You will find good advice, checklists and relevant reads
featured in both our blog and news letter (sign up below). If there is anything in particular you would like us to cover, please feel free to make a request.