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If I run a webshop selling DVDs, could I put in my user terms (that you have to accept to register) that I will be sending you emails about other movies on a regular interval. Would this qualify as legitimate interest?
So, if you don't want emails then you shouldn't register and buy my DVDs. Is that legal? Or does the user need an option to opt out if the user disagrees about the legitimate interest?
No. You have to ask for specific permission to send marketing emails, and can't make it a condition of making a purchase since marketing emails are clearly not necessary for that.
When accepting the terms you need a separate tick box for marketing emails, and it must be unticked by default (opt-in).
As you are specifying that to register you will be sending emailers to them, then You are correct. GDPR states that you cannot send email without their permission. If you have already stated that you will send emailers in your terms, then there is no non-compliance.
One more thing, in future, if provide option to Opt-Out, then Your website becomes non GDPR Compliant.
