Legitimate Interests Assessment

Test whether you can rely on legitimate interests – starting with the new recognised legitimate interests under the Data (Use and Access) Act 2025, then the purpose, necessity and balancing tests.

Editable Word document
9
10pages
Guidance notes included
aml consultancy solutions

Data protection & GDPR

Legitimate Interests Assessment

About this document

What it’s for

A structured record of your decision to rely on legitimate interests as your lawful basis. Part 2 checks first whether one of the five new “recognised legitimate interests” in Annex 1 to the UK GDPR applies – if so, no balancing test is needed. If not, Parts 3 to 5 take you through the three-part test the regulator expects: purpose, necessity and balancing. A worked example is included.

When to use it

  • Before relying on legitimate interests for any new processing
  • For direct marketing, fraud prevention, CCTV, staff monitoring, B2B prospecting, analytics or sharing within a group
  • When responding to a request for information from the police or another public body

What’s inside

The document is laid out in the sections below. Each one comes with a plain-English guidance note explaining what it does and what to change.

  • Part 1 – Describe the processing
  • Part 4 – Necessity test: is the processing necessary?
  • Part 5 – Balancing test: do the individual’s interests override yours?
  • 5A Nature of the personal data
  • 5B Reasonable expectations
  • 5C Likely impact
  • 5D Safeguards

How to complete it

  • Describe the processing in Part 1
  • Work through Part 2 – stop at Part 6 if a recognised legitimate interest applies
  • Otherwise complete Parts 3 to 5 honestly, considering the individual’s point of view
  • Record the outcome, update your privacy notice and record of processing, and set a review date

Key points to check

  • Special category and criminal offence data still need an extra condition
  • If the balancing test is finely balanced or the impact is high, also consider a DPIA
  • People can object to legitimate interests processing – you must have a process for that

Our templates are professionally structured starting points for UK businesses, not legal advice. For anything complex, unusual or high-value, have your final version checked by a solicitor.

Included in the pack

Data protection & GDPR

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Editable Microsoft Word files

Guidance notes in every document

Written for UK businesses

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