What Is ‘Legitimate Interest’?

What is ‘legitimate interest’, where does this phrase pop up, and what does it have to do with online marketing?

GDPR and Legitimate Interest

The concept for it was set out in the General Data Protection Regulation (GDPR), which governs how businesses handle personal data. Under the GDPR, businesses need a lawful basis to process personal data, and one such basis is legitimate interest.

The phrase allows businesses to process personal data without needing the individual’s explicit consent, provided the processing is necessary for a legitimate reason and does not infringe on the rights of the individual. In online marketing, legitimate interest is often used to describe activities like targeted advertising, email marketing, and website analytics.

How It Applies To Online Marketing

Targeted Advertising
A major benefit of online marketing is the ability to target specific audiences with tailored messages. By using data such as browsing history, demographics, and interests, businesses can deliver more relevant ads to their target audience. It can justify collecting and using this data, as long as it’s done transparently and responsibly.

Email Marketing
Email marketing is a great way to connect with customers, but it involves handling personal data. Legitimate interest can allow businesses to send marketing emails to existing customers, as long as the emails are relevant to their interests. Businesses also must make it easy for customers to opt out of receiving marketing emails.

Website Analytics
Website analytics tools help businesses track user behaviour on their site, offering insights that can improve marketing strategies. Legitimate interest can justify the use of these tools, as long as businesses are clear about what data they collect and how they use it.

It can’t be denied that it is a useful concept for businesses in online marketing, offering a lawful way to process personal data without needing explicit consent. However, businesses must use personal data responsibly and transparently, ensuring they don’t violate individual rights. By following these rules, businesses can use legitimate interest to run successful marketing campaigns while respecting customer privacy.

If you’re interested in web privacy then have a read of our article on Google’s consent mode here.