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DenmarkDatatilsynet

EDPB adopts final guidance on legitimate-interest processing

EDPB has adopted the final guidance on the legitimate-interest basis in GDPR Article 6(1)(f), with a three-step test plus sections on direct marketing and public-authority use.

By Taxxa AI OyPublished 12 November 2026

IT, Cybersecurity & Data

Industry: Across industries

The European Data Protection Board (EDPB) has adopted the final version of its guidance on the legitimate-interest basisDatatilsynet in databeskyttelsesforordningens artikel 6, stk. 1, litra fDatatilsynet. The decision was taken at the Board's meetingDatatilsynet on 10 November 2026Datatilsynet, and Datatilsynet reported it on 12 November. The final text is available on the EDPB's website, which Datatilsynet's news item links.

The guidance is a detailed statement of when controllers may rely on legitimate interests instead of consent, contract or another basis.Datatilsynet It follows a 2024 draft adopted at the Board's plenary meeting on 8 October 2024 and reported by Datatilsynet on 17 October 2024, which was sent for public consultation before the final version was adopted, and it updates and builds on the Article 29 Working Party's 2014 opinionDatatilsynet on the corresponding rules in the data protection directive that applied at that time.

The guidance has four parts.Datatilsynet The first introduces the legitimate-interest rule as a basis for processing. The second analyses the elements the controller must consider and walks through the three steps a controller must follow when relying on the ruleDatatilsynet Datatilsynet. The third describes the relationship between the legitimate-interest basis and the rights of the data subjects. The fourth covers the use of the basis in concrete situationsDatatilsynet, including processing for direct marketingDatatilsynet and use of the basis by public authoritiesDatatilsynet.

Processing assessed under the consultation draft or the 2014 opinion must now face the final guidance's three steps. Direct marketing is one of the concrete situations the guidance expressly treatsDatatilsynet, as is use of the rule by public authoritiesDatatilsynet. And the basis does not stand alone: it interacts with data subjects' rightsDatatilsynet.

Legal basis is databeskyttelsesforordningens artikel 6, stk. 1, litra fDatatilsynet, as interpreted by the EDPB's final guidance on the legitimate-interest ruleDatatilsynet adopted on 10 November 2026Datatilsynet.

EDPB adopts final guidance on legitimate-interest processing

Sources

EDPB adopts final guidance on legitimate-interest processing

Sources