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Lawful Basis

A collection of 8 issues

Blockchain: Challenges and solutions for compliance with the GDPR

An overview of blockchain through the lens of the GDPR, examining territorial and material scope, data protection principles, controller and processor roles, lawful bases, data subject rights, cross-border transfers, and security challenges.

06 May 2019 26 min read

What are "Legitimate Interests" under the GDPR?

Legitimate interests is the GDPR's most flexible lawful basis, but it requires careful analysis. This practical checklist walks through the Legitimate Interests Assessment (LIA), balancing test, documentation requirements, and safeguards organizations should consider before relying on this basis.

05 Feb 2019 8 min read

What is "Public Task" under the GDPR?

The GDPR's public task lawful basis permits processing when it is necessary to perform a task in the public interest or exercise official authority established by law. Learn who can rely on this basis, its legal requirements, the necessity test, and the documentation controllers should maintain.

05 Feb 2019 2 min read

What is "Vital Interest" under the GDPR?

The GDPR's vital interests lawful basis is reserved for exceptional situations where processing is necessary to protect someone's life. Learn when this narrow legal basis applies, why necessity is essential, its limits for special category data, and the documentation controllers should maintain.

05 Feb 2019 2 min read

What is "Legal Obligation" under the GDPR?

The GDPR's legal obligation lawful basis allows organizations to process personal data when doing so is necessary to comply with an obligation imposed by EU or Member State law. Learn when it applies, why contracts alone are insufficient, and the documentation organizations should maintain.

05 Feb 2019 2 min read

What is "Contractual Necessity" under the GDPR?

When can organizations rely on contractual necessity as a lawful basis under the GDPR? This article explains when Article 6(1)(b) applies, what qualifies as a contract, why necessity must be interpreted narrowly, and the common mistakes organizations make when relying on this lawful basis.

05 Feb 2019 4 min read

What are "Special Categories of Data" under the GDPR?

Special category data receives enhanced protection under the GDPR due to its sensitive nature. This article explains what qualifies as special category data, the relationship between Articles 6 and 9, the Article 9 processing conditions, and the safeguards controllers should apply.

05 Feb 2019 3 min read

What is "Consent" under the GDPR?

What makes consent valid under the GDPR? This guide explains the legal requirements for obtaining valid consent, highlights the ICO's practical checklist for requesting consent, and explores the common mistakes that render consent invalid, with practical compliance tips for organizations.

31 Jan 2019 8 min read

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