Legal Bases for Processing of Personal Data
Jump to
Legal Bases for Processing of Personal Data Start Comparison
Is an identified legal basis required in order to collect or process non-sensitive personal data?

Last review date: 10 January 2025

Yes.

The following are potential legal bases for processing personal data:

☒        the data subject has provided consent to the processing for the identified purposes

☒        the personal data is necessary to perform a contract with the data subject

☒        the personal data is necessary to comply with a legal obligation

☒        the personal data is necessary to protect the vital interests of a natural person

☒        the personal data is necessary for a public interest

☒        the personal data is necessary to fulfil a legitimate interest of the controller or third party (provided that the interest is not overridden by the data subject's privacy interests and the data subject has not made use of his/her right to object)

Is an identified legal basis required in order to collect or process sensitive personal data?

Last review date: 10 January 2025

Yes.

The following are potential legal bases for processing special categories of personal data:

☒         the data subject has given consent to the processing, where consent is measured to a higher standard than for non-sensitive personal data (for example, additional requirement for consent to be "explicit")

☒        processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law

☒        processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent

☒        processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and further conditions

☒        processing relates to personal data which are manifestly made public by the data subject

☒        processing is necessary for the establishment, exercise or defense of legal claims

☒        processing is necessary for reasons of substantial public interest

☒        processing is necessary for the purposes of medicine, the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services

☒        processing is necessary for reasons of public interest in the area of public health

☒        processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes

Are there special requirements that apply to the collection or processing of personal data from minors?

Last review date: 10 January 2025

Yes.

A minor within the meaning of data privacy laws is a person below the age of 16.

In what circumstances do these special requirements apply?

Last review date: 10 January 2025

☒        in the context of information society services (e.g., a commercial website) only if processing is based on consent

What are the special requirements that apply to collecting or processing personal data from minors?

Last review date: 10 January 2025

☒        consent must be given or authorized by the parent/ guardian of the minor