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Legitimate Interest Impact Assessment

Legitimate Interest Impact Assessment Template for Belgium

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Key Requirements PROMPT example:

Legitimate Interest Impact Assessment

"I need a Legitimate Interest Impact Assessment for our Belgian e-commerce company's new customer loyalty program launching in March 2025, which will process purchase history and shopping preferences to provide personalized recommendations."

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Document background
The Legitimate Interest Impact Assessment (LIIA) is a mandatory compliance document for organizations operating in Belgium that wish to rely on legitimate interests as their legal basis for processing personal data. This document is required when organizations cannot rely on other legal bases such as consent or contractual necessity, and must demonstrate their processing is both necessary and balanced against individual rights. The LIIA must comply with both Belgian data protection law (Law of 30 July 2018) and the GDPR, requiring organizations to thoroughly document their assessment process, including necessity tests, balancing tests, and risk mitigation measures. It serves as evidence of compliance for regulatory authorities and helps organizations make informed decisions about data processing activities.
Suggested Sections

1. 1. Processing Activity Description: Detailed description of the data processing activity being assessed, including types of data, processing purposes, and processing methods

2. 2. Legitimate Interest Identification: Clear articulation of the legitimate interest(s) being pursued, whether commercial, individual, or societal

3. 3. Necessity Test: Assessment of whether the processing is necessary and proportionate to achieve the identified legitimate interests, including consideration of alternative methods

4. 4. Data Subject Impact Assessment: Analysis of the impact on individuals whose data is being processed, including privacy risks and potential negative effects

5. 5. Balancing Test: Evaluation of whether the legitimate interests are overridden by the individuals' interests, rights, or freedoms

6. 6. Safeguards and Mitigation Measures: Description of measures implemented to protect individual rights and reduce risks

7. 7. Consultation Process: Documentation of any consultations with stakeholders, including DPO input and other relevant parties

8. 8. Conclusion and Decision: Final determination on whether the legitimate interest basis is appropriate and processing can proceed

Optional Sections

1. International Transfer Assessment: Required when the processing involves transfer of personal data outside the EEA, analyzing compliance with Chapter V of GDPR

2. Vendor/Processor Assessment: Needed when third-party processors are involved in the processing activity

3. Special Category Data Considerations: Required when processing involves special category data under Article 9 GDPR

4. Children's Data Assessment: Required when processing involves personal data of children

5. Technical Architecture Review: Detailed analysis of technical systems and data flows when complex technical infrastructure is involved

Suggested Schedules

1. Schedule 1: Data Flow Diagrams: Visual representations of how personal data flows through the organization for this processing activity

2. Schedule 2: Risk Assessment Matrix: Detailed risk scoring and evaluation matrix

3. Schedule 3: Technical and Organizational Measures: Detailed description of security measures and safeguards implemented

4. Appendix A: Relevant Policies and Procedures: References to internal policies and procedures relevant to the processing activity

5. Appendix B: Stakeholder Consultation Records: Documentation of consultations with stakeholders, including meeting minutes and feedback

6. Appendix C: Supporting Documentation: Any additional documentation supporting the legitimate interest assessment, such as market research, industry standards, or regulatory guidance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Personal Data
Processing
Data Controller
Data Processor
Data Subject
Legitimate Interests
Special Categories of Personal Data
Data Protection Impact Assessment
Belgian Data Protection Authority
Supervisory Authority
GDPR
Belgian Data Protection Act
Data Protection Officer
Privacy Notice
Data Subject Rights
Balancing Test
Necessity Test
Processing Activity
Third Party
Recipient
Technical Measures
Organizational Measures
Risk Assessment
Data Protection by Design
Data Protection by Default
Cross-border Processing
Joint Controllers
Consultation Process
Mitigation Measures
Data Minimization
Purpose Limitation
Storage Limitation
Impact Assessment
Safeguards
Transparency Measures
Relevant Industries

Financial Services

Healthcare

Technology

Retail

Telecommunications

Insurance

Education

Manufacturing

Professional Services

Public Sector

E-commerce

Marketing and Advertising

Human Resources

Research and Development

Transportation and Logistics

Relevant Teams

Legal

Privacy

Compliance

Information Security

Risk Management

Information Technology

Data Governance

Business Operations

Information Management

Regulatory Affairs

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Business Unit Director

IT Security Officer

Privacy Analyst

Compliance Officer

Data Protection Specialist

Legal Operations Manager

Chief Privacy Officer

GDPR Coordinator

Information Governance Manager

Industries
General Data Protection Regulation (GDPR): EU Regulation 2016/679 - Particularly Article 6(1)(f) which defines legitimate interests as a lawful basis for processing, and Article 35 regarding Data Protection Impact Assessments
Belgian Data Protection Act: Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data - Belgian national law implementing and supplementing the GDPR
Belgian Privacy Commission Guidelines: Guidelines and recommendations issued by the Belgian Data Protection Authority (formerly Privacy Commission) on legitimate interest assessments
EU Charter of Fundamental Rights: Particularly Articles 7 and 8 concerning respect for private life and protection of personal data, which must be balanced against legitimate interests
Article 29 Working Party Guidelines: Opinion 06/2014 on the notion of legitimate interests (now endorsed by the European Data Protection Board) providing guidance on legitimate interest assessments
Belgian Civil Code: Relevant provisions regarding legal obligations and contractual relationships that might constitute legitimate interests
European Convention on Human Rights: Particularly Article 8 on right to respect for private life, which must be considered when assessing the balance between legitimate interests and individual rights
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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