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Article summary

The European Data Protection Board (EDPB) has adopted Guidelines 1/2024 on the processing of personal data based on Article 6(1)(f) of the EU General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). These Guidelines analyse the three cumulative criteria laid down in Article 6(1)(f) of the EU GDPR that controllers must meet, namely the pursuit of a legitimate interest by the controller or by a third party, the necessity to process personal data for the purposes of  pursuing the legitimate interest, and ensuring the interests or fundamental freedoms and rights of individuals do not take precedence over the legitimate interests of the controller or of a third party. They also explain how this assessment should be carried out in practice, including in a number of specific contexts like fraud prevention, direct marketing and information security. The EDPB document also considers the relationship between this legal basis and other data subject rights under the EU GDPR....