IAPP Training, Module 4 - BoK III.B

Module 4, The six Article 6 lawful bases

Processing personal data needs a lawful basis. Article 6 offers six, and only one is needed: consent, contract, legal obligation, vital interests, public interest/official authority, and legitimate interests. Each has its own triggers and traps - especially that public authorities may not rely on legitimate interests.

The six Article 6 lawful bases
BasisTrigger / keywordWatch out
ConsentClear consent for a specific purposeMust be as easy to withdraw as to give
ContractA customer purchasing a good or service; or pre-contractual steps at their requestOnly covers what is necessary for the contract
Legal obligationEU/Member State law requires the processingInterpreted narrowly; not contracts, not third-country laws
Vital interestsProtect the life of the data subject or another natural personReserved for genuine life-or-death situations
Public interest / official authorityA task defined by Member State law (justice, tax, census/research)Needs a legal basis defining the task
Legitimate interestsInterests of the controller or a third partyUnless overridden by the data subject; public authorities may NOT rely on it
Two classic traps

(1) Only one of the six bases is needed - not several. (2) Public authorities may NOT rely on legitimate interests for their public tasks; they must use public interest/official authority instead.

For goods and services, look first to contract (the keyword is a customer purchasing). Legal obligation is read narrowly - it must flow from EU or Member State law, never from a private contract or a third country's law.

Key terms - quick answers

What is “Consent”?
Freely given, specific, informed, unambiguous agreement to processing for a specific purpose; must be as easy to withdraw as to give.
What is “Contract”?
Processing necessary to perform a contract with the data subject, or to take pre-contractual steps at their request.
What is “Legal obligation”?
Processing necessary to comply with an EU or Member State legal obligation; interpreted narrowly.
What is “Vital interests”?
Processing necessary to protect the life of the data subject or another natural person.

Sources and study method

This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.