FEBIS Legitimate Interest White Paper

We are pleased to share with you FEBIS Legitimate Interest White Paper. 

This white paper, developed by FEBIS (Federation of Business Information Services), explores the application of the Legitimate Interest legal basis under the EU General Data Protection Regulation (GDPR) in the context of Business Information Providers (BIPs). It provides an updated and detailed analysis of how Legitimate Interest can be used as a lawful basis for processing data in the B2B environment, based on the most recent European Data Protection Board (EDPB) guidelines and case law.

The paper highlights that Business Information Providers play a crucial role in supporting economic growth, secure global trade, risk management, creditworthiness checks, anti-fraud measures, and compliance with legal obligations such as anti-money laundering (AML) and counter-terrorism financing (CTF).

To achieve this, they rely on the collection, processing, systematization, analysis, and interpretation of business data, with the aim of providing value-added information and services to support B2B processes.

Key arguments in favour of Legitimate Interest as a lawful basis include:

• Processing is necessary for the legitimate interests pursued by data controllers and third parties.
• This processing is balanced against the rights and freedoms of data subjects, ensuring data minimization, transparency, and security.

In conclusion, FEBIS advocates for the continued recognition and support of Legitimate Interest as a lawful and proportionate legal basis, emphasizing that undue restrictions could hinder economic growth, limit access to credit, and undermine the free flow of information necessary for a healthy and competitive internal market.

Below you can find the Legitimate Interest White Paper, including the version with annexes providing country-specific interpretations and legal precedents across EU Member States, which can be consulted and used at your discretion.

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