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GDPR- opt in or legitimate interest

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Guest user Created:   Apr 26, 2018 Last commented:   Apr 26, 2018

GDPR- opt in or legitimate interest

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!
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EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

Expert
Andrei Hanganu Apr 26, 2018

Answer:

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.

To find out more about consent you can check out our webinar “How to handle consents under GDPR” https://advisera.com/eugdpracademy/webinar/how-to-handle-consents-under-gdpr-free-webinar-on-demand/
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Apr 26, 2018

Apr 26, 2018

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