Organizations are using more personal data than ever to improve their marketing. From CRM systems and newsletter platforms to tracking user behavior on websites, personal data is everywhere. But the question remains: is this still allowed under the GDPR?
The answer is yes, but only if you know what you’re doing. With the right legal basis, clear documentation, and a user-first mindset, data-driven marketing can absolutely be GDPR-compliant. In fact, it can even become stronger because of it.
1. Is Commercial Interest a Legitimate Interest?
A lot has been said about whether you can use ‘legitimate interest’ as your legal basis for marketing. While consent (opt-in) remains important, it’s not your only option. The European Data Protection Board (EDPB) and recent court rulings confirm that commercial goals can qualify as a legitimate interest, if they meet certain criteria.
To use this ground legally, your organization must:
- Clearly define the interest (e.g., customer loyalty, service promotion)
- Show that there are no less intrusive alternatives
- Demonstrate that user rights are not overridden
This is done through a Legitimate Interest Assessment (LIA), a formal document in which you weigh your interests against the rights and freedoms of the data subject. Without a LIA, your legal basis may be invalid.
Examples of valid legitimate interests include:
- Retargeting customers who have recently interacted with your brand
- Promoting new services to active users
- Using behavioral data to improve customer journeys
Just make sure the use is proportionate and clearly explained.
2. Dynamic Retention: How to Keep Data Legally for Longer
The GDPR is clear: you may not store personal data longer than necessary. But that doesn’t mean you’re locked into rigid timelines. If the purpose is still valid, the data can remain and new interactions can restart the clock.
Ways to support longer, legitimate data use:
- 📋 Define retention periods per use case in your register
- 🔁 Extend the retention based on new user activity (clicks, logins)
- 🧾 Use consent renewal for longer marketing journeys
- 🕵️ Anonymize older data for analytics
- ✂️ Segment with minimal data fields
- ✅ Support all decisions with a LIA
This turns static records into a living database where relevance dictates retention, not just time.
3. Real-Life Examples of Dynamic Data Use
Let’s look at some real scenarios where data use stays lawful, even long-term:
| Scenario | Retention trigger | Validity condition |
|---|---|---|
| Newsletter subscribers | New open, click or interaction | Log each action and refresh consent over time |
| E-commerce customers | New order, return, login | Keep records for marketing and service follow-up |
| B2B leads | Downloading whitepapers, event signups | Reset the clock with each engagement |
| Loyalty members | Points balance changes, redemptions | Keep data while activity continues |
| Support tickets | New contact moments | Retention tied to service improvement goals |
Transparency is key: tell users exactly how and why their actions affect retention.
4. The Legal Risks of Cutting Corners
Many marketers use legitimate interest without properly documenting it, or extend retention without clear behavioral links. That’s risky.
What can go wrong?
- ❌ Sending emails based on outdated interactions
- ❌ Relying on a vague claim of “legitimate interest” without proof
- ❌ Missing unsubscribe options or poor consent logs
- ❌ Keeping old CRM records for years without clear purpose
- ❌ No internal review of LIA or legal basis
These are not just theoretical risks — several companies have already received fines for these exact issues.
5. The Upside of GDPR-Compliant Marketing
When done right, GDPR is not a burden. It encourages better practices:
- More relevant messaging (thanks to up-to-date data)
- Higher open and engagement rates (because trust improves response)
- Stronger opt-in databases with clearer expectations
- Easier audits and lower legal risk
- Better alignment between marketing, legal and IT
Compliance becomes a competitive advantage — not a constraint.
Conclusion
The GDPR does not block marketing. It filters out poor practices and rewards clarity, relevance, and responsibility. As a marketer, you can still:
- Use personal data for commercial goals
- Keep it longer through dynamic retention
- Work with legitimate interest — if properly documented
Respect the rules, explain your logic, and stay transparent — and you’ll unlock both marketing value and customer trust.
RealCob Helps You Market Smarter and Stay Compliant
With RealCob, you always know which data you collect, for what purpose, and how long it can be used. The platform tracks retention, flags inactive records, and helps you create LIA templates — so your marketing stays powerful and compliant.