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Lawful Basis

Coverage of the legal grounds for processing personal data, including consent, contractual necessity, legal obligations, vital interests, public tasks, and legitimate interests under the GDPR. Articles examine how to select and document an appropriate basis, assess necessity, and distinguish lawful basis from purpose limitation and other requirements. Explore additional conditions for sensitive data, individuals’ rights, and the consequences of processing without valid grounds.

ASNEF: When Member States Cannot Rewrite the Lawful Bases for Processing

ASNEF: When Member States Cannot Rewrite the Lawful Bases for Processing

ASNEF established that Member States cannot rewrite EU lawful bases for processing or predetermine the legitimate-interest balance. The CJEU held that legitimate interests require a case-specific assessment of necessity and the individual’s competing rights and freedoms.

Österreichischer Rundfunk: When Salary Transparency Meets the Right to Privacy

Österreichischer Rundfunk: When Salary Transparency Meets the Right to Privacy

Austria required certain publicly controlled bodies to disclose the names and annual income of highly paid employees. The CJEU held that salary transparency may serve the public interest—but identifying individuals must still be necessary, appropriate, and proportionate.