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legitimate interests meaning

What does legitimate interests mean?
In practice, legitimate interests is the lawful basis used where a controller needs to process personal data to pursue its own or a third party’s purposes, and a balancing test shows the data subject’s interests, fundamental rights and freedoms—particularly where the data subject is a child—are not overridden. It is set out in Article 6(1)(f) UK GDPR and, in Ireland, Article 6(1)(f) GDPR, read with the Data Protection Act 2018 and relevant recitals (including Recital 47). Key features are: a clear purpose; necessity and proportionality; and a documented balancing exercise (often a Legitimate Interests Assessment). Controllers must provide transparency information and respect the data subject’s right to object under Article 21. Public authorities cannot rely on this basis when processing in performance of their public tasks. Legitimate interests does not itself permit processing of special category data; an Article 9 condition is also required. Typical uses include fraud prevention, network and information security, and direct marketing. Application is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though practitioners should check current regulator guidance (ICO in the UK, DPC in Ireland).
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CHECKLISTS
Checklist for drafting enforceable post-termination restrictive covenants in employment contracts: protecting confidential information, trade connections and workforce stability

This checklist sets out the key matters to weigh up when preparing post-termination restrictions for a client, whether the aim is to safeguard trade secrets and confidential material, a trade connection, or the stability of the workforce. For guidance on leading rulings and key decisions concerning the enforceability of post-termination restrictions, see Practice Note: Decisions on post-termination restrictions and garden leave in employment contracts. General the individual instructing you on the restrictions should be sufficiently senior and engaged in day-to-day operations to brief you on the business and the employee’s function in it, the legitimate interests to be protected, and the proportionality and reasonableness of the restraints and restrictions, to ensure instructions can be provided for these points pinpoint the employer’s legitimate business interests, namely trade secrets and confidential information, trade connection, and the stability of the workforce—see the Practice Note: Legitimate business interest for reference assess whether the employee’s duties involve access to, or control over, any of these specific legitimate business interests...

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FLOWCHARTS
International personal data transfers from the UK: decision flowchart for adequacy, SCCs/IDTA, BCRs or derogations (including compelling legitimate interests), with ICO/EU TIA/TRA approaches—updated for DUAA 2025

ARCHIVED: This flowchart is archived and is no longer maintained...

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FLOWCHARTS
Evaluating data subjects’ objections to processing: UK GDPR/DPA 2018 flowchart covering direct marketing, legitimate interests/public task, compelling grounds, temporary restriction, third-party notification and exemptions

This diagram mirrors HMRC’s flowchart 1 in paragraph 5.24 of the Guidance Note on residence, domicile and the remittance basis, RDR1. It is designed to help taxpayers make an initial assessment regarding their domicile status...

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FLOWCHARTS
Email, SMS and other electronic mail marketing: UK GDPR and PECR 2003 decision tree on consent, soft opt‑in, corporate subscribers, legitimate interests, suppression lists and special category data

This diagram outlines the concluding payment procedure for the JCT Intermediate Building Contract 2016 (with and without contractor’s design)...

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NEWS
EU Digital Omnibus: reforms to EU GDPR, ePrivacy and the Data Act; delayed EU AI Act high-risk rules; new AI legitimate interests basis; and a single incident-reporting portal

On 19 November 2025, the Commission unveiled its Digital Omnibus proposal. It comprises two principal strands: one delivering ‘quick fixes’ to pain points in Regulation (EU) 2024/1689, the EU AI Act, and another, more intricate, amending the data acquis, most notably Regulation (EU) 2016/679, the EU General Data Protection Regulation (EU GDPR), Directive 2022/58/EC, the ePrivacy Directive, and Regulation (EU) 2023/2854, the EU Data Act. The headline items are delays to the high-risk AI rules under the EU AI Act, and a fresh EU GDPR lawful basis of legitimate interest for processing personal data when developing or operating AI systems (with safeguards). There is much to absorb—just as we get to grips with the new regime, changes are proposed, some bound to be disputed while others will be seen as eminently sensible. Here we outline the key points. EU GDPR The EU’s flagship legislation, the EU GDPR, is poised for its first substantial overhaul, with several significant amendments on the table...

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NEWS
UK Data (Use and Access) Act 2025: Implications for Pension Schemes—DSARs, Complaints, ICO Powers, ADM, Recognised Legitimate Interests, Marketing, Special Category Data, Purpose Limitation and Practical Steps

What are the most significant changes introduced by the Act that pension scheme trustees need to prepare for? The most notable reforms in the Act that trustees should be ready for are: Data subject complaints: complaints about the handling of personal data must be acknowledged within 30 days and answered without undue delay. ICO enforcement powers: the Information Commissioner’s Office (ICO) now has authority to compel interviews and require the production of documents to assess compliance. Data subject access requests (DSARs): the Act codifies the ICO’s existing guidance, meaning (i) trustees must apply a ‘reasonable and proportionate’ search standard when responding; and (ii) the ‘stop the clock’ rule pauses the one-month deadline for a response. Automated decision making (ADM): the Act allows reliance on the full set of lawful bases — including ‘legitimate interests’ — when non-special category personal data is used for significant automated decisions about an individual, provided suitable safeguards are in place. ...

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NEWS
UK data reform: phased implementation via secondary legislation; ICO guidance due autumn 2025–spring 2026 on legitimate interests, research and transfers, plus potential relaxation of advertising consent

UK data reform act rollout plans UK businesses should anticipate the country’s data reform act being delivered through secondary legislation over the next six to nine months, with the first changes likely by autumn 2025 and the final measures pencilled in for winter 2025 under the UK privacy watchdog’s plans. The data reform bill, which entered into law on 19 June 2025, brings a range of updates to the UK data protection framework. However, the rollout will be staged, as various elements hinge on secondary legislation not yet put before lawmakers, or on additional materials still to be released by the data protection regulator. The Information Commissioner’s Office (ICO) has signalled intentions to prepare guidance and start implementing some aspects, though firm dates are yet to be confirmed. Overall, the timetable indicates a lead-in period of six to nine months from the law’s passage to the publication...

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PRACTICE NOTES
UK DTR 2: issuer obligations on disclosure, delay, control and selective disclosure of inside information—FCA/ESMA guidance, case law, COVID‑19 context and enforcement (post‑Brexit UK MAR)

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

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PRACTICE NOTES
UK GDPR lawful bases for personal data processing: consent, contract, legal obligation, vital interests, public task and legitimate interests, with DUAA 2025 updates and Article 9/10 conditions

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill secured Royal Assent, transforming into the Data (Use and Access) Act 2025 (DUAA 2025) and taking partial effect on that same date. Provisions of DUAA 2025 dealing with issues such as handling data subject access requests, and granting the power to make further regulations, commenced immediately on 19 June 2025. Other elements, relating to notices issued by the Information Commissioner and certain facets of law enforcement processing, began to apply on 19 August 2025 (being two months from the date of Royal Assent). The bulk of DUAA 2025’s measures will only commence once additional regulations, by way of statutory instruments, are made and brought into force. Parts 5 and 6 of DUAA 2025 operate to revise and update areas of UK data protection and ePrivacy law within the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations...

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PRACTICE NOTES
UK dispute resolution: GDPR and DPA 2018 compliance in litigation—processing, disclosure, exemptions, data minimisation, security, transfers, DPIAs, data breaches and sanctions

As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be consulted together, as both sets of provisions have direct effect. Practitioners will generally...

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PRECEDENTS
Precedent: UK seconded employee privacy notice—employer and host data sharing, lawful bases (including special category data), rights, retention, security and international transfers

Stop press: The Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 now commence the remaining provisions of the Data (Use and Access) Act 2025 (DUAA 2025). Provisions covering the areas below apply from 5 February 2026, while those on penalty notices and complaints apply from 19 June 2026. For further details, see Practice Note: Data (Use and Access) Act 2025—employment implications. This Precedent will be updated shortly to reflect these changes. subject access requests legitimate interests purpose limitation automated decision-making international transfers enforcement [ Insert name of organisation ] Data protection privacy notice (secondment) As you are aware, it is proposed that you will be seconded to [ insert name ] (host employer). This notice sets out which personal data (information) [ insert name of employer ] [ trading as [ insert trading name, if different ] ] (‘we’ or ‘Company’) will provide to, and receive from, your...

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PRECEDENTS
Corporate Information Security Policy Precedent (UK): UK GDPR and DUAA 2025 compliance, access and IT controls, third-party processing, international transfers, homeworking, training and breach reporting

Stop press The Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 now bring the remaining parts of the Data (Use and Access) Act 2025 (DUAA 2025) into effect. Provisions on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while those concerning penalty notices and complaints apply from 19 June 2026. For further details, see Practice Note: Data (Use and Access) Act 2025—employment implications. This Precedent will be updated shortly to reflect these developments. 1 Introduction 1.1 The Company upholds the highest standards of information security and regards confidentiality and data security with the utmost seriousness...

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PRECEDENTS
Consultancy agreement precedent (company–individual consultant), pro‑client — England and Wales — substitution, IP assignment, confidentiality, data protection, anti‑bribery, tax evasion and fraud prevention, termination and post‑termination restrictions

Stop press: The Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 bring the remaining elements of the Data (Use and Access) Act 2025 (DUAA 2025) into operation. Measures addressing subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while the provisions on penalty notices and complaints apply from 19 June 2026. For further details, see Practice Note: Data (Use and Access) Act 2025—employment implications. This Precedent will be revised shortly to reflect these updates. This Agreement is entered into on [ insert date ] Parties [ Name of Company ], a company incorporated in England and Wales with registered number [ insert company number ] whose registered office is at [ insert address ] (the Company); and [ Name of consultant ], of [ insert address ] (‘ you ’). Background (A) You operate in the business of [ insert description...

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View the related Q&As about legitimate interests

Q&As
UK GDPR: Legitimate interests or consent for using employees’ birth dates (day/month) for birthday greetings?

In any specific context, a controller handling personal data or information must assess if the processing activity complies with what is now the applicable Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR), and the Data Protection Act 2018 (DPA 2018)...

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Q&As
Must employers or their solicitors send privacy notices to ex-employees or their solicitors when taking formal action?

To handle personal information in a lawful manner under the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, an employer must first identify a lawful basis before any personal data is processed. Among the lawful grounds listed in Article 6 of Regulation (EU) 2016/679, GDPR, is processing that is necessary for the purposes of legitimate interests pursued by the controller or a third party, unless those interests are outweighed by the data subject’s interests, rights or freedoms. The Information Commissioner’s GDPR guidance explains that, in relation to the legitimate interests condition, it is the most adaptable lawful basis for processing; however, data controllers should not presume it will invariably be the right choice. The GDPR guidance further notes that: The legitimate interests basis tends to be suitable where individuals would reasonably anticipate the use of their data and the privacy impact is minimal, or where there is a compelling rationale for the processing Data controllers relying on legitimate interests take on additional responsibility to consider and...

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