Our remarks • While it remains unclear whether a purely • When a data controller wants to rely on a legitimate commercial interest can be considered a interest, they should ask themselves the following legitimate interest, it cannot be excluded as a questions: possibility. However, it could be argued that the 1. Determine if there is a good reason for Council believed it can be. For example, the Council collecting and using the data. affirmed the District Court’s statement that the test for legitimate interest is to see whether it was 2. Decide if the data collection is actually needed. not prohibited. A purely commercial interest would pass that test. Furthermore, GDPR, recital 47, states 3. Weigh the benefits of collecting the data that processing for the purpose of direct marketing against the potential risks to people’s privacy. can be based on legitimate interest. This supports • The case was highly debated, and it led to the the notion that a purely commercial interest could European Commission sending a letter to the DPA be a legitimate interest. about their concerns regarding their interpretation of legitimate interest. VoetbalTV went bankrupt in September 2020, partly because of the ongoing proceedings. 28