Does “legitimate interest” allow any email marketing?

Legitimate interest is not a blanket permission for all marketing. It requires documented balancing tests weighing your interests against recipient rights. Like claiming right of passage through territorial waters, you must demonstrate legitimate purpose and minimal impact.

For legitimate interest to apply: processing must serve a genuine business need, be necessary (not just convenient), and not override recipient interests or fundamental rights. You need documented legitimate interest assessments showing this analysis.

What typically qualifies: service-related communications, direct marketing to existing customers about similar products (soft opt-in), fraud prevention. What doesn't: unsolicited marketing to purchased lists, profiling without transparency, or any case where consent would be easy to obtain. When in doubt, get consent.