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GDPR & quality·9 min read

Consent vs legitimate interest: which basis to use

The difference between consent and legitimate interest as a basis to process leads, with practical examples.

GDPR & quality// GDPR & QUALITY

To process leads legally you need a lawful basis. The two most common are consent and legitimate interest. Knowing which applies in each case is key to doing things right. (This is not legal advice.)

Consent

It is the free, informed and specific permission a person gives to process their data. It is the strongest basis, but requires the subject to have said "yes" demonstrably.

Legitimate interest

It allows processing data when you have a legitimate interest that does not harm the person rights, after a balancing test. It is more flexible, but requires justification and respect for the right to object.

When to use each

  • Consent: direct commercial communications, sensitive data.
  • Legitimate interest: certain B2B actions and prospecting, with a prior balancing test.
  • If in doubt: consult your DPO and document the decision.

Whatever the basis, the key is traceability: being able to prove where each lead comes from and on what basis it is processed. A serious provider with compliant data infrastructure guarantees that.

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Key takeaways
  • Consent and legitimate interest are the two most common bases.
  • Consent is stronger; legitimate interest is more flexible.
  • Lead traceability is what proves compliance.

Process leads on a solid basis.

Leads with traceability and a clear lawful basis. Talk to our team.

EP
Elena Prats
Data & compliance advisor

Specialist in GDPR and data processing in marketing. Helps buy and use leads compliantly, without slowing sales.