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: 15 January 2025

Yes.

The following are potential legal bases for processing personal data:

☒   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 

☒   other

  • The personal data is necessary to prevent certain types of crimes (money laundering and terrorist financing).
  • An anonymization or dissociation process regarding the personal data has been implemented.
  • The personal data processing is carried out in the exercise of the constitutional right to freedom of information.
  • The personal data is stored in public access databanks.
  • The personal data is related to credit information, according to the applicable regulation.
Is an identified legal basis required in order to collect or process sensitive personal data?

Last review date: 15 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 the same standard as non-sensitive personal data

☒   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 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

In the case of sensitive data, consent must be given in writing, by handwritten signature, digital signature or any other authentication mechanism that guarantees the unambiguous will of the data subject.

 

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

Last review date: 15 January 2025

Yes.

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

In what circumstances do these special requirements apply?

Last review date: 15 January 2025

☒   generally

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

Last review date: 15 January 2025

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

☒   other

If minors are between 14 to 18 years old, personal data may be processed with their consent when the information to obtain the consent has been expressed in a language they can understand, except in cases where the law requires the assistance of the holders of parental authority or guardianship to be granted.

Under no circumstances may the consent for the processing of personal data of minors be granted to access activities related to goods or services that are strictly for adults.

It is not possible to collect personal data from minors related to the information about the other members of their family group, except for data on the identity and address of parents or guardians for the purpose of obtaining consent, where applicable.