Article 9 exceptions - the ten conditions
Article 9's prohibition is lifted by ten conditions. The headline ones: explicit consent (more than ordinary consent); employment/social-security law; vital interests where the subject cannot consent; not-for-profit bodies (political/religious/union) processing members' data; data manifestly made public by the subject; legal claims or courts acting judicially; substantial public interest; preventive/occupational medicine and health/social care; public health; and archiving/research/statistics under Article 89(1). Several require EU or member-state law.
| Exception | Key feature / gotcha |
|---|---|
| (a) Explicit consent | Must be explicit - an express statement; member-state law may bar even consent from lifting the ban |
| (b) Employment & social security/protection law | Authorised by EU/member-state law or collective agreement; candidates, employees, contractors |
| (c) Vital interests | Only where the subject is physically or legally incapable of giving consent |
| (d) Not-for-profit bodies | Political/philosophical/religious/union bodies; members or regular contacts only; no external disclosure without consent |
| (e) Manifestly made public | Subject deliberately made it public; other principles still apply |
| (f) Legal claims / courts | Establishment, exercise or defence of legal claims, or courts acting judicially; needs necessity |
| (g) Substantial public interest | On EU/member-state law; must be proportionate and respect the essence of the right |
| (h) Preventive/occupational medicine & health/social care | Includes assessing an employee's working capacity; needs an obligation of professional secrecy |
| (i) Public health | E.g. serious cross-border health threats; safeguards incl. professional secrecy; must not flow to employers/insurers |
| (j) Archiving/research/statistics | Under Article 89(1) safeguards; proportionate; data minimisation, maybe pseudonymisation |
Article 9 explicit consent still must be unambiguous, freely given, specific and informed, but additionally explicit - an express statement (e.g. filling an electronic form, e-signature, confirmatory email, two-stage verification). It is more than the clear affirmative action sufficient under Article 6.
Key terms - quick answers
What is “Explicit consent”?
What is “Manifestly made public”?
What is “Article 89(1)”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.