UK GDPR: Lawful Basis for Processing (Article 6)
Lawful Basis for Processing [Art 6]
Rule: You must have at least one lawful basis before processing personal data.
The six lawful bases:
| Basis | Use when | Example |
|---|---|---|
| Consent [Art 6(1)(a)] | Individual actively agrees | Newsletter signup |
| Contract [Art 6(1)(b)] | Necessary to fulfil a contract | Delivery address for order |
| Legal obligation [Art 6(1)(c)] | Required by law | Tax records |
| Vital interests [Art 6(1)(d)] | Life or death situation | Emergency medical care |
| Public task [Art 6(1)(e)] | Official function | Council services |
| Legitimate interests [Art 6(1)(f)] | Business need, balanced against rights | Fraud prevention |
Source Text
- Processing shall be lawful only if and to the extent that at least one of the following applies:
(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(c) processing is necessary for compliance with a legal obligation to which the controller is subject;
(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) shall not apply to processing carried out by public authorities in the performance of their tasks.