Once again the Netherlands is leading the discussions on GDPR Legitimate Interest and businesses’ reliance on this legal basis for their commercial activity. Following the recent VoetballTV case which weakened the Dutch DPA’s over-restrictive interpretation of Legitimate Interest for merely commercial purposes, now the Court of First Instance in Amsterdam (Rechtbank Amsterdam) referred preliminary questions to the CJEU about the scope of legitimate interest in the context of another case. The case started in 2018 when the Dutch DPA imposed a fine of EUR 525,000 on the Royal Dutch Tennis Association (KNLTB) for sharing the personal data of its members with two of its sponsors on the basis of its own commercial interests.
After a lengthy legal procedure, the case has been brought in front of the CJEU, including the following key preliminary questions:
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