What’s your take on questionable guidelines from a local supervisory authorities, specially when these are more strict than the generic explanation from EDPB?
In NL, the SA has released a guideline around legitimate interest where they bluntly state that a (pure) commercial process is not valid to fall under legitimate interest. The “legitimateness” must have its roots in common law and should be “enforceable”.
To me, this cuts too deep in business operation, what do you think?
Thank you Dean, sorry for the delayed response…
But if I go “against” the AP, they fine me, and I’m taking it up all the way to EU court (yes, to be very patient), I can only imagine it will eventually fall towards me, since the EDPB is “higher” than the AP?
I know it’s becoming more “theoretical” now, but there are already some court cases in NL with this specific dispute… which I’m following with great interest…
It certainly does present a challenge for you, especially if the AP is differing from the EDPB. It becomes restrictive and narrows the number of processes that you might consider.