EDPB Opinion 28/2024, para 66: the legitimate interest test must be assessed and documented (EDPB Opinion 28/2024, adopted 17 December 2024, para 66)
The EU regulators will look for a written assessment covering the interest, the necessity and the balance. A holder should keep one for each lot, ready to show a regulator or a buyer.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“SAs should verify that controllers have carefully assessed and documented whether the three following cumulative conditions are met: (i) the pursuit of a legitimate interest by the controller or by a third party; (ii) the processing is necessary to pursue the legitimate interest; and (iii) the legitimate interest is not overridden by the interests or fundamental rights and freedoms of the data subjects”
Where it was read
Also read from the same source
- EDPB Opinion 28/2024, para 92: a privacy notice is not enough to create expectations (EDPB Opinion 28/2024, adopted 17 December 2024, para 92)
- EDPB Opinion 28/2024, para 101: masking and substituting personal data (EDPB Opinion 28/2024, adopted 17 December 2024, para 101(c))
- EDPB Opinion 28/2024, para 102: a waiting period and an unconditional opt-out (EDPB Opinion 28/2024, adopted 17 December 2024, para 102(a)-(b))
- EDPB Opinion 28/2024, para 114: corrective measures can reach the whole dataset (EDPB Opinion 28/2024, adopted 17 December 2024, para 114)
- EDPB Opinion 28/2024, para 129: the next party must check where the data came from (EDPB Opinion 28/2024, adopted 17 December 2024, para 129)
- EDPB Opinion 28/2024, para 134: a claim of anonymity must be shown (EDPB Opinion 28/2024, adopted 17 December 2024, para 134)
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide