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Compliance  (GRC) Guides

What are the legal bases for processing personal data under the GDPR?

 

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What are the legal bases for processing personal data under the GDPR?

The General Data Protection Regulation (GDPR) is a set of laws that provide individuals with greater control over their personal data. It also sets out the conditions under which personal data can be legally processed. Article 6 of the GDPR outlines the six legal bases for processing personal data. These legal bases are consent, contract, legal obligation, vital interests, public task, and legitimate interests. Consent is one of the most common legal bases for processing personal data under the GDPR. For consent to be valid, it must be freely given, specific, informed, and unambiguous. The individual must also be able to withdraw their consent at any time. Processing is necessary for the performance of a contract when it is necessary for the performance of a contract between the data controller and the data subject. This legal basis is often used when processing personal data to fulfill contractual obligations. Compliance with a legal obligation is another legal basis for processing personal data under the GDPR. This basis applies when the data controller is legally required to process the personal data in order to comply with a specific law or regulation. Processing is necessary to protect the vital interests of the data subject when it is necessary to protect the life or health of the data subject. This legal basis is often used in medical contexts. Processing is necessary for the performance of a task carried out in the public interest when it is necessary for the data controller to process the personal data in order to fulfill their public task. This legal basis is often used by public authorities. The last legal basis for processing personal data is legitimate interests. This basis applies when the data controller has a legitimate interest in processing the personal data and the processing is necessary for the purposes of that legitimate interest. However, public authorities are not able to rely on legitimate interests as a legal basis for processing personal information. The GDPR also requires data controllers to ensure that the data they process is adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed. Data controllers must also ensure that the data they process is accurate and kept up to date. In conclusion, the GDPR provides six legal bases for processing personal data. These legal bases are consent, contract, legal obligation, vital interests, public task, and legitimate interests. Public authorities are not able to rely on legitimate interests as a legal basis for processing personal information. Data controllers must also ensure that the data they process is adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed. .



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