We started emailing our data last year to gain opt in in advance of GDPR go live, but have subsequently discovered that we may be able to cover our communications under the 'legitimate interest' umbrella. As we've already started the ball rolling with opt in emails, does this invalidate/impact our opportunity to use 'legitimate interest'?Hoping you can help!
No it does not. However bear in mind that “legitimate interest” for marketing activities can be used only in relation with existing customers not for prospective customers.
Switching to consent doesn't make a difference just make sure that the consent is a freely given, specific, informed and unambiguous indication of the individual’s wishes. You must also keep records so it can demonstrate that consent has been given by the relevant individual.