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What are examples of legitimate interests?

22 December 2022

ANSWER

Do you want to base your processing of personal data on the basis of "necessary to pursue a legitimate interest"? Then the first condition is that you actually have a legitimate interest.

Examples legitimate interest

Examples of a legitimate interest include:

  • Have a safe and healthy life or protect property in a threatening situation;

  • protect the private sphere;

  • counter infringements of a personality or property right; 

  • Litigate and/or establish, exercise or substantiate a legal claim;

  • investigate and end transgressive behavior in working relationships;

  • deter fraud, scams or other unlawful conduct;

  • Holding someone liable for damages;

  • Inform existing customers about similar, proprietary products or services after a purchase;

  • properly secure and protect computer systems;

  • fulfill duties of care for employees and/or customers;

  • Meet all (care) obligations you have based on, for example, the Civil Code.

Note that the interest here must be (1) real, (2) concrete and (3) direct. This means that: (1) it must not concern a possible interest in the future that you are not yet sure about, (2) you can clearly articulate the interest, and (3) it is an interest of your own, not a general interest of "society" or the like.

No legitimate interest

What does not qualify as legitimate interest is, for example:

  • a purely commercial interest;

  • profit maximization;

  • monitor employee behavior without legitimate reason;

  • Tracking the (buying) behavior of (potential) customers without a legitimate reason.

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