Legitimate interests assessment clause: Copy, customize, and use instantly
Introduction
A legitimate interests assessment clause outlines the responsibilities and safeguards when personal data is processed based on a party’s “legitimate interests” under data protection laws. This clause supports legal justification, promotes transparency, and helps mitigate risks by ensuring assessments are documented and balanced against the rights of data subjects.
Below are templates for legitimate interests assessment clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard legitimate interests assessment clause
This version confirms the requirement to conduct an assessment before processing.
Where personal data is processed under the legal basis of legitimate interests, the [Controller] shall conduct a legitimate interests assessment (LIA) to evaluate the necessity of the processing, the impact on data subjects, and any appropriate safeguards required.
Legitimate interests assessment clause with recordkeeping obligation
This version includes a requirement to document the assessment.
The [Controller] shall maintain a written record of each legitimate interests assessment carried out under this Agreement and make such records available to supervisory authorities upon request.
Legitimate interests assessment clause with review and update requirement
This version ensures LIAs are kept current.
The [Controller] shall review and update each legitimate interests assessment periodically or whenever there is a significant change in the nature, purpose, or scope of the processing activity.
Legitimate interests assessment clause with requirement to consult data protection officer
This version requires internal review by a DPO.
The [Controller] shall consult its data protection officer (or designated privacy lead) during the preparation and review of any legitimate interests assessment conducted under this Agreement.
Legitimate interests assessment clause with duty to apply safeguards
This version requires the implementation of mitigation measures.
Where processing is based on legitimate interests, the [Controller] shall implement appropriate safeguards identified during the legitimate interests assessment, including data minimization, anonymization, or opt-out options where feasible.
Legitimate interests assessment clause with obligation to notify processor
This version keeps the processor informed about the legal basis.
The [Controller] shall notify the [Processor] in writing where personal data is processed under the basis of legitimate interests and provide a summary of the assessment findings relevant to the processing activities.
Legitimate interests assessment clause with transparency requirement
This version includes a commitment to transparency toward data subjects.
The [Controller] shall ensure that any processing based on legitimate interests is clearly disclosed to data subjects through privacy notices, including a description of the interests pursued and their rights to object.
Legitimate interests assessment clause with rights balancing test documentation
This version requires formal documentation of balancing tests.
The [Controller] shall conduct and document a balancing test as part of each legitimate interests assessment to demonstrate that the interests pursued do not override the rights and freedoms of data subjects.
Legitimate interests assessment clause with objection handling process
This version describes how objections from individuals should be managed.
The [Controller] shall implement a process for handling objections from data subjects who contest processing based on legitimate interests and shall cease processing where required by law.
Legitimate interests assessment clause with external audit rights
This version allows review by the other party.
Upon request, the [Controller] shall provide the [Processor/Other Party] with a summary of the legitimate interests assessment and evidence of the safeguards adopted to support lawful processing.
Legitimate interests assessment clause with predefined interest categories
This version requires identifying specific categories of interests.
The [Controller] shall define and document the specific categories of legitimate interests relied upon under this Agreement, including but not limited to fraud prevention, network security, and service optimization.
Legitimate interests assessment clause with data subject communication obligation
This version includes communication duties beyond the privacy notice.
The [Controller] shall provide additional individual communications to data subjects, where appropriate, explaining the legitimate interests pursued and outlining their right to object.
Legitimate interests assessment clause with formal LIA approval workflow
This version introduces a formal sign-off process.
Each legitimate interests assessment shall follow an internal approval workflow and be formally approved by a designated compliance officer before any processing begins.
Legitimate interests assessment clause with third-party review option
This version allows for independent review.
The [Controller] may engage an independent privacy consultant or auditor to review legitimate interests assessments for high-risk processing activities under this Agreement.
Legitimate interests assessment clause with integration into risk register
This version links LIAs to internal risk tracking.
All legitimate interests assessments shall be logged in the [Controller]’s internal risk register, with references to associated mitigation actions and responsible personnel.
Legitimate interests assessment clause with timing requirement
This version defines when assessments must occur.
The [Controller] shall complete the legitimate interests assessment before commencing any processing based on legitimate interests and review it at least once every [12] months.
Legitimate interests assessment clause with requirement for version control
This version addresses tracking assessment iterations.
The [Controller] shall maintain version-controlled records of legitimate interests assessments and retain previous versions for audit purposes.
Legitimate interests assessment clause with LIA summary disclosure upon request
This version enables transparency on demand.
Upon reasonable request, the [Controller] shall provide the [Other Party/Processor] with a non-confidential summary of the legitimate interests assessment for processing activities under this Agreement.
Legitimate interests assessment clause with employee access limitation
This version mandates internal access controls.
Access to legitimate interests assessment documents shall be restricted to personnel with a need-to-know basis, and all access shall be logged and monitored.
Legitimate interests assessment clause with pre-agreed list of justifiable purposes
This version lists permissible processing reasons.
The parties agree that only the following purposes shall be considered valid for processing under legitimate interests: [insert agreed purposes]. Any new purpose must undergo a new assessment and approval process.
Legitimate interests assessment clause with controller-initiated LIA updates
This version requires updates based on controller-led changes.
The [Controller] shall revise and update the legitimate interests assessment if there are material changes to data collection practices, processing tools, or intended outcomes.
Legitimate interests assessment clause with shared responsibility for LIA review
This version assigns review duties to both parties.
The [Controller] and [Processor] shall jointly review the impact of processing activities conducted under legitimate interests and update the LIA if either party identifies a potential risk.
Legitimate interests assessment clause with LIA template requirement
This version standardizes the assessment format.
The [Controller] shall conduct all legitimate interests assessments using the standard template agreed between the parties and include sections for purpose, necessity, impact, safeguards, and balancing tests.
Legitimate interests assessment clause with accessibility obligation for regulators
This version prepares assessments for regulatory inspections.
The [Controller] shall ensure that all legitimate interests assessments are maintained in a format suitable for inspection by relevant supervisory authorities upon request.
Legitimate interests assessment clause with employee training obligation
This version ensures staff understand the basis for processing.
The [Controller] shall ensure relevant personnel are trained to understand and apply legitimate interests assessments appropriately and recognize when new assessments are required.
Legitimate interests assessment clause with cross-border application scope
This version addresses geographic implications.
Legitimate interests assessments shall consider cross-border processing impacts, including the legal and cultural context of affected jurisdictions, where applicable.
Legitimate interests assessment clause with notification to data protection committee
This version requires internal committee involvement.
The [Controller] shall notify its internal data protection committee of any new or updated legitimate interests assessments and submit the documents for review where necessary.
Legitimate interests assessment clause with retention policy for assessments
This version defines how long assessments must be kept.
All legitimate interests assessments shall be retained for at least [X] years following the conclusion of the related processing activity, or longer if required by law.
Legitimate interests assessment clause with assessment weighting matrix
This version includes a scoring system.
The [Controller] shall apply a documented weighting matrix to evaluate necessity, impact severity, and proportionality as part of each legitimate interests assessment.
Legitimate interests assessment clause with regular assessment audit schedule
This version introduces periodic internal audits.
The [Controller] shall conduct internal audits of all legitimate interests assessments at regular intervals to confirm compliance with legal standards and internal policies.
Legitimate interests assessment clause with pre-processing checklist requirement
This version adds a procedural step before processing.
Prior to initiating processing based on legitimate interests, the [Controller] shall complete a pre-processing checklist to confirm assessment completion and mitigation implementation.
Legitimate interests assessment clause with stakeholder consultation option
This version allows consultation with affected groups.
The [Controller] may consult relevant stakeholders, including employee representatives or consumer groups, where processing is likely to have significant effects on data subjects.
Legitimate interests assessment clause with anonymization preference
This version encourages alternative measures.
Where feasible, the [Controller] shall consider whether anonymization or pseudonymization may eliminate the need to rely on legitimate interests and reduce risk to data subjects.
Legitimate interests assessment clause with LIA publication option
This version allows for public summary publishing.
The [Controller] may publish a non-confidential summary of the legitimate interests assessment to demonstrate transparency and promote trust with data subjects.
Legitimate interests assessment clause with impact escalation protocol
This version creates escalation triggers.
If the balancing test reveals a high impact on data subjects, the [Controller] shall escalate the matter to senior management before proceeding with processing.
Legitimate interests assessment clause with documentation of alternatives considered
This version tracks rejected legal bases.
The [Controller] shall document alternative legal bases considered before relying on legitimate interests, including justification for rejecting consent or legal obligation.
Legitimate interests assessment clause with notification of shared data risks
This version highlights third-party impacts.
Where data processed under legitimate interests is shared with third parties, the [Controller] shall identify and document any additional risks and controls required.
Legitimate interests assessment clause with evidence-based justification requirement
This version requires tangible reasoning.
All legitimate interests assessments shall be supported by evidence demonstrating the necessity of processing and the benefits pursued, including operational or commercial rationale.
Legitimate interests assessment clause with opt-out tracking obligation
This version tracks objections.
The [Controller] shall maintain a record of data subjects who have objected to processing based on legitimate interests and ensure those objections are honored.
Legitimate interests assessment clause with contextual balancing test inputs
This version considers broader environmental context.
The [Controller] shall take into account social, economic, and technological context when performing the balancing test as part of the legitimate interests assessment.
Legitimate interests assessment clause with LIA categorization system
This version organizes assessments into tiers.
The [Controller] shall classify legitimate interests assessments into low, medium, or high risk categories, and apply enhanced controls for higher-risk categories.
Legitimate interests assessment clause with requirement for cross-functional sign-off
This version involves multiple departments.
Each legitimate interests assessment shall be reviewed and signed off by representatives from legal, compliance, operations, and data protection teams.
Legitimate interests assessment clause with real-time impact reassessment triggers
This version allows assessments to be updated immediately.
The [Controller] shall reassess the legitimate interests assessment if any real-time incident, such as a data breach or policy change, affects the underlying processing activity.
Legitimate interests assessment clause with exception logging requirement
This version adds a log of unassessed processing.
Any processing activity initially carried out before a legitimate interests assessment is complete must be logged as an exception and reviewed within [X] days.
Legitimate interests assessment clause with data minimization emphasis
This version strengthens minimization obligations.
The [Controller] shall ensure that only the minimum personal data necessary for the legitimate interest is processed, as documented in the assessment.
Legitimate interests assessment clause with visual risk scoring summary
This version adds a summary presentation format.
The [Controller] shall include a visual scoring summary (e.g., traffic light system) as part of each legitimate interests assessment to simplify internal review and approval.
Legitimate interests assessment clause with separate record for child data
This version addresses special category processing.
Where processing involves children’s personal data, the [Controller] shall conduct a separate legitimate interests assessment with enhanced safeguards.
Legitimate interests assessment clause with LIA integration into privacy framework
This version ties LIAs to internal governance.
All legitimate interests assessments shall be conducted in alignment with the [Controller]’s broader privacy management framework and compliance policies.
Legitimate interests assessment clause with active opt-out mechanism support
This version strengthens individual control.
The [Controller] shall implement active opt-out mechanisms for processing activities based on legitimate interests wherever technically feasible.
Legitimate interests assessment clause with enhanced documentation for special categories
This version applies to sensitive data.
Where personal data falls into a special category, the [Controller] shall apply additional documentation and safeguards as part of the legitimate interests assessment.
Legitimate interests assessment clause with continuous improvement protocol
This version includes refinement over time.
The [Controller] shall review legitimate interests assessments not only for compliance but also for opportunities to improve safeguards and reduce privacy impact over time.
Legitimate interests assessment clause with notice of withdrawal of legal basis
This version governs changes in processing basis.
If the [Controller] decides to change the legal basis for processing, it shall formally document the withdrawal of the legitimate interests basis and update all related notices and records.
Legitimate interests assessment clause with LIA approval register
This version tracks approvals in a central list.
The [Controller] shall maintain an approval register listing all completed legitimate interests assessments, including reviewers and approval dates.
Legitimate interests assessment clause with internal communication plan
This version covers how staff are notified of LIA outcomes.
The [Controller] shall communicate the outcome of each legitimate interests assessment to relevant teams involved in the processing activity and provide clear operational guidance.
Legitimate interests assessment clause with stakeholder impact analysis requirement
This version ensures third-party consideration.
The [Controller] shall consider potential impacts on customers, partners, and other stakeholders when evaluating the balance of interests in each legitimate interests assessment.
Legitimate interests assessment clause with centralized assessment repository
This version supports document control.
All legitimate interests assessments shall be stored in a centralized repository with access controls and audit logs for compliance tracking.
Legitimate interests assessment clause with internal escalation for high-risk outcomes
This version creates internal flagging.
Any legitimate interests assessment that indicates a high risk to individuals shall be escalated to the [Controller]’s executive risk committee before proceeding with processing.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.