The effect of GDPR and the use of "Legitimate interests" on outbound sales prospecting

DPC Marketing have launched the SALES MATTERS© Perfect prospect profiling tool to be used along side a Legitimate Interest Assessment for full compliance under GDPR. See our resources page!

We show how to develop a fully pre-qualified prospect pipeline by defining who your perfect prospects are, why you should market to them in this lawful way and the value you would bring to them with your products and services.

When can we rely on legitimate interests?

Legitimate interest is the most flexible lawful basis, but you cannot assume it will always be appropriate for all of your processing.

DIRECT MARKETING - processing for direct marketing purposes under Legitimate Interests is specifically mentioned in the last sentence of Recital 47.

REASONABLE EXPECTATIONS - the fact that individuals have a reasonable expectation that the Controller will process their Personal Data, will help the make the case for Legitimate Interests to apply when conducting the balancing test.

If you choose to rely on legitimate interests, you take on extra responsibility for ensuring people’s rights and interests are fully considered and protected.

You can rely on legitimate interests for marketing activities if you can show that how you use people’s data is proportionate, has a minimal privacy impact, and people would not be surprised or likely to object – but only if you don’t need consent under PECR.

If e-privacy laws require consent, then processing personal data for electronic direct marketing purposes is unlawful under the GDPR without consent.

If you have not got the necessary consent, you cannot rely on legitimate interests instead. You are not able to use legitimate interests to legitimise processing that is unlawful under other legislation.

If e-privacy laws do not require consent, legitimate interests may well be appropriate. Based on the current legislation (PECR), and depending on the outcome of your three-part test, legitimate interests may be appropriate for ‘solicited’ marketing (i.e. marketing proactively requested by the individual), or for unsolicited marketing in the following circumstances:

SALES MATTERS© Perfect prospect profiling tool provides evidence based question sets which are designed not only to be compliant with the latest regulations but also to:

  • Shorten the sales cycle and ensure your sales and marketing efforts are clearly focused.

  • Build an understanding of who your “perfect prospects” really are

  • Increase your engagement rates

  • Deliver more value to more customers

Check out our SALES MATTERS© page!