Balance of Interest Assessment (Art. 6 Par. 1 lit. f) GDPR) - TCF Purpose 7
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? | ||
| ☒ | ☐ |
| ☒ | ☐ |
| ☒ | ☐ |
| ☒ | ☐ |
| ☒ | ☐ |
| ☒ | ☐ |
| ☒ | ☐ |
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 2
Balance of Interest Assessment according to Art. 6 (1)(1) lit. f) GDPR - TCF Purpose 10
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