ROLUL GHIDURILOR EDPB ÎN APLICAREA ART. 6 ALIN. (1) LIT. F) GDPR
THE ROLE OF EDPB GUIDELINES IN THE APPLICATION OF ARTICLE 6(1)(F) GDPR

Summary/Abstract: The article examines the role of the European Data Protection Board (EDPB) guidelines in the application of the “legitimate interest” legal basis under Article 6(1)(f) GDPR. Starting from the EDPB’s positioning in the institutional architecture of the Regulation, the text shows how the guidelines -from the conceptual groundwork inherited from WP29 (the Article 29 Working Party, an advisory body established under Directive 95/46/EC, active between 1996–2018, and the predecessor of today’s EDPB) to Guidelines 1/2024 - transform general principles into an operational methodology consisting of the identification of the interest, the necessity test and the balancing test. The analysis is complemented by thematic guidelines (07/2020 on joint controllers, 3/2019 on video surveillance and 8/2020 on social media targeting), which provide practical criteria and align with CJEU case-law. The conclusion highlights the function of the EDPB guidelines as “soft law with de facto authority”: they do not replace legislation, but ensure a uniform, balanced and well-documented application of Article 6(1)(f) across the Union.

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