Comment by freehorse
If it is based on legitimate interest, under gdpr you don't.
If it is based on legitimate interest, under gdpr you don't.
Legitimate interest of the user, not yours. Rule of thumb, if its not a legal requirement, you need consent.
"legitimate interests" are subject to interpretation on purpose; either legitimate interests on a given instance are lawful, or you're better off relying on consent, since your interpretation and the regulator's interpretation may be different. Check page 7 of https://www.edpb.europa.eu/system/files/2024-10/edpb_guideli...
What's 'legitimate' and what isn't is up for interpretation, but the question of whose interests is clear in the text of the GDPR itself, and it's the controller's (or a third party's) interests which could form the basis of lawful processing.
Interestingly, the GDPR specifically does not include 'benevolent' processing (i.e. processing for legitimate interests of the user) as a lawful basis.
You are required to inform the affected users, however.