Balance of Interest Assessment (Art. 6 Par. 1 lit. f) GDPR) - TCF Purpose 2

Legitimate Interests pursued by the Controller or by a third party:

Which interests shall be pursued during Processing?

Interests pursued: Select Basic Ads

Interests pursued by:

The Controller ☒

Third party ☐


Legitimate Interest? 

Applicable

Not Applicable

Is the activity for which the Processing is undertaken allowed by applicable law?

Are the principles of Art. 5 GDPR satisfied?



  • Lawfulness and Fairness

  • Transparency

  • Purpose Limitation

  • Data Minimisation

  • Accuracy

  • Storage Limitation

  • Integrity and Confidentiality


Processing necessary for the purposes of the Legitimate Interests

Necessity

Applicable

Not Applicable

Is the Processing appropriate to preserve the Legitimate Interests?

Is the Processing necessary for the purposes of the Legitimate Interests?


Prevailing of Legitimate Interests

Which factors result in a prevailing of the Legitimate Interests?

Applicable

Not Applicable

Could the Data subject reasonable expect the Processing?

The Processing doesn’t present a high risk for the Data Subject, but rather a low or normal risk

Collected data are handled only internally/confidentially or strictly confidential?

Does the Processing present an advantage for the Data Subject?

If yes, which advantage: Use of the publisher inventory free of charge

Is the Processing in the public interest?

Are publicly available date processed?

Is the Data Subject informed explicitly in a clearly comprehensible and transparent manner of his right to object pursuant to Art. 21 GDPR at the latest at the time of the first communication with the Data Subject?

☒ ☐


Which factors are against a prevailing of the Legitimate Interests?

Applicable

Are the Data Subjects particularly worth protecting?

Are the data particularly worth protecting?

Is the Processing surprising/unexpected for the Data Subject?

Conflicting interests of the Data Subject that require the protection of Personal Data?

Data transferred to third countries without data protection guarantees?

Will the data by made publicly accessible?


Does the Processing infringe Fundamental Rights and Fundamental Liberties of the Data Subject?

Applicable

Right to private and family life

Right to freedom of speech and information

Right to freedom of profession and to work

Entrepreneurial freedom


Level

Assessment of the Legitimate interest of the Controller or the third  party

Applicable

Marginal

The waiver of the Processing would have no or only marginal consequences for the company.

Reasonable

The waiver of the Processing would have negligible consequences for the company. Such consequences can be remedied with marginal effort and do not impede company’s business operations.

Substantial

The waiver of the Processing would have considerable or substantial consequences for the company. Such consequences can only be remedied with substantial or impede company’s business operations.

High

The waiver of the Processing would have permanent commercial consequences for the company. Such consequences cannot be remedied or only with unreasonable effort.


Level

Potential impact of the infringement for the Data Subject

Applicable

Marginal

There is no impact possible or such impact results in minor nuisances or inconveniences that can be tolerated or easily remedied by the Data Subject. The level of protection for the data or the Data Subject is low. The Data Subject could have definitely expected the Processing.

Reasonable

There is a possibility of nuisances that can be remedied with marginal efforts. The level of protection required for the data or the Data Subject is normal. The Data Subject could have reasonably expected the Processing.

Substantial

There is the possibility of substantial impact that can only remedied with material effort. The level of protection required for the data or the Data Subject is high. The Data Subject couldn’t have reasonably expected the Processing..

High

The potential impact can only be remedied with substantial difficulties or is irreversible. The level of protection required for the data or the Data Subject is very high. The Data Subject couldn’t have expected the Processing at all.


Level

Legitimate Interests of the Controller or the third party

Interests, Fundamental Rights of Fundamental Liberties of the Data Subject

Low

Reasonable

Substantial

High


Additional comments regarding the Balance of Interests



Do the Legitimate Interests of the Controller or the third party prevail?


Yes      ☒

No      ☐


More Information

Balance of Interest Assessment according to Art. 6 (1)(1) lit. f) GDPR - TCF Purpose 7

Balance of Interest Assessment according to Art. 6 (1)(1) lit. f) GDPR - TCF Purpose 10

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