CNIL, relying on legitimate interests to develop an AI system (CNIL, 'Relying on the legal basis of legitimate interests to develop an AI system', 5 January 2026 (courtesy translation; the French text prevails))
France's regulator accepts legitimate interests for AI development and a commercial interest as a legitimate one, with the same three conditions. It applies this to the developer; a holder must run the same test for its own disclosure.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“Reliance on legitimate interests is, however, subject to three conditions: The interest pursued by the body must be "legitimate"; The processing must fulfill the condition of "necessity"; The processing must not disproportionately affect the rights and interests of the data subjects, taking into account their reasonable expectations. ... A commercial interest constitutes a legitimate interest, provided that it is not contrary to the law and that the processing is necessary and proportionate (CJUE, 4 october 2024, Tennisbond, C-621/22).”
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