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 review date: 31 December 2024

Yes

The following are potential legal bases for processing personal data:

☒        other

The law recognizes consent as the only legal basis for processing. However, consent may be tacit or express, depending on the nature of the personal data. In addition, the FDPL and its implementing Regulations consider certain exceptions where obtaining consent from the data subject is not mandatory, including:

  • Appropriate notice has been provided to or made available to the data subject
  • 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
  • As permitted by law
  • The data is contained in publicly available sources
  • The personal data is subject to a prior dissociation procedure
  • There is an emergency that could potentially harm an individual in his person or property
  • A resolution is issued by a competent authority
Is an identified legal basis required in order to collect or process sensitive personal data?

Last review date: 31 December 2024

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

☒        other

Consent from the data subject is not required when the collection or processing is necessary (i) for fulfill the purpose of complying with obligations arising from a legal relationship between the data controller and the data controller, (ii) in case there is an emergency situation that could potentially harm an individual's or their property, and (iii) if a competent authority has issued a resolution.

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

 Last review date: 31 December 2024

Yes.

A minor within the meaning of data privacy laws is a person below the age of: 18

In what circumstances do these special requirements apply?

Last review date: 31 December 2024

☒        generally

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

Last review date: 31 December 2024

☒       consent must be given or authorized by the holder of parental responsibility over the child