Legal Bases for Processing of Personal Data
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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 reviewed: 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 updated date: 24 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

☒   other

In accordance with Spanish data protection law, the consent of the data subject alone will not be sufficient to lift the prohibition on the processing of data whose main purpose is to identify their ideology, trade union membership, religion, sexual orientation, beliefs or racial or ethnic origin.

Processing of sensitive data:

  • based on an essential public interest;
  • for purposes of occupational or preventive 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; and
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes;

shall be covered by a rule with the force of law, which may lay down additional requirements relating to its security and confidentiality. In particular, this rule may cover the processing of data in the field of health when necessary for the management of public and private health and social care systems and services or the performance of an insurance contract to which the data subject is a party.

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

[Last reviewed: January 2025]

Yes.

A minor within the meaning of data privacy laws is a person below the age of 14.

In what circumstances do these special requirements apply?

[Last reviewed: January 2025]

☒   generally

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

[Last reviewed: January 2025]

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