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Direct Marketing in light of GDPR - When processing of personal data is lawful for conducting direct marketing, from a Swedish perspective

Trana, Ludwig LU (2024) HARN63 20241
Department of Business Law
Abstract
The thesis deals with which legal basis seems appropriate to use when the purpose of the data controller is to carry out direct marketing. When processing personal data, the Controller must comply with the principles set out in Article 5 of the GDPR. One of the principles, the Principe of Lawfulness, requires the Processing to be supported on a legal basis in Article 6 of the GDPR. It is stated that three of the six legal bases in Article 6 (1) GDPR can apply to such processing of personal data. The thesis consists of a presentation of the legal basis of the performance of a contract, as well as legitimate interest and consent. It should be noted that it is not appropriate to support a treatment for the exercise of direct marketing on the... (More)
The thesis deals with which legal basis seems appropriate to use when the purpose of the data controller is to carry out direct marketing. When processing personal data, the Controller must comply with the principles set out in Article 5 of the GDPR. One of the principles, the Principe of Lawfulness, requires the Processing to be supported on a legal basis in Article 6 of the GDPR. It is stated that three of the six legal bases in Article 6 (1) GDPR can apply to such processing of personal data. The thesis consists of a presentation of the legal basis of the performance of a contract, as well as legitimate interest and consent. It should be noted that it is not appropriate to support a treatment for the exercise of direct marketing on the performance of a contract. To support such a Processing on the performance of a contract, it is required that the processing is necessary for the performance of the contract, which is rather difficult to demonstrate.
Legitimate interest is an appropriate legal basis for those who wish to engage in direct marketing. The controller must conduct a balancing of interests to examine whether the data subject's legitimate interest outweighs the data subject's interest and fundamental rights and freedoms. In most cases, balancing interest should result in the controller being allowed to exercise such processing for direct marketing purposes. To avoid a balancing of interests and a requirement that the processing must be necessary, the Controller may choose to base its processing on consent, which may justify even a so-called unnecessary processing. (Less)
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author
Trana, Ludwig LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
Marketing, Direct Marketing, GDPR, Lawfulness, Legal basis, Consent, Legitimate Interest
language
English
id
9158741
date added to LUP
2024-06-11 09:42:46
date last changed
2024-06-11 09:42:46
@misc{9158741,
  abstract     = {{The thesis deals with which legal basis seems appropriate to use when the purpose of the data controller is to carry out direct marketing. When processing personal data, the Controller must comply with the principles set out in Article 5 of the GDPR. One of the principles, the Principe of Lawfulness, requires the Processing to be supported on a legal basis in Article 6 of the GDPR. It is stated that three of the six legal bases in Article 6 (1) GDPR can apply to such processing of personal data. The thesis consists of a presentation of the legal basis of the performance of a contract, as well as legitimate interest and consent. It should be noted that it is not appropriate to support a treatment for the exercise of direct marketing on the performance of a contract. To support such a Processing on the performance of a contract, it is required that the processing is necessary for the performance of the contract, which is rather difficult to demonstrate. 
Legitimate interest is an appropriate legal basis for those who wish to engage in direct marketing. The controller must conduct a balancing of interests to examine whether the data subject's legitimate interest outweighs the data subject's interest and fundamental rights and freedoms. In most cases, balancing interest should result in the controller being allowed to exercise such processing for direct marketing purposes. To avoid a balancing of interests and a requirement that the processing must be necessary, the Controller may choose to base its processing on consent, which may justify even a so-called unnecessary processing.}},
  author       = {{Trana, Ludwig}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Direct Marketing in light of GDPR - When processing of personal data is lawful for conducting direct marketing, from a Swedish perspective}},
  year         = {{2024}},
}