Necessity & the contract, legal obligation and vital interests bases
Every Article 6 basis except consent requires the processing to be necessary. 'Necessary' has an objective meaning - a close and substantial connection between processing and purpose; merely convenient is not enough. The contract basis (6(1)(b)) needs processing unavoidable to complete the contract. The legal obligation basis (6(1)(c)) needs an obligation in EU/member-state law - not a contractual one, and not a third-country law (Recital 45). Vital interests (6(1)(d)) covers life-or-death emergencies only and should be a basis of last resort.
The remaining five bases all hinge on necessity, an objective standard. It is not enough for a controller to simply consider processing necessary - there must be a close and substantial connection to the purpose, and processing that is merely convenient fails.
| Basis (Article 6(1)) | Scope | Key limit / gotcha |
|---|---|---|
| (b) Contract | Necessary to perform a contract with the subject, or pre-contractual steps at their request | Interpreted narrowly - processing must be unavoidable to complete the contract |
| (c) Legal obligation | Necessary to comply with a legal obligation (e.g. tax, social security) | Must be EU/member-state law; not a contract; not third-country law (Recital 45) |
| (d) Vital interests | Necessary to protect the life of the subject or another person | Life-or-death emergencies only; use only where another basis is not manifestly available (Recital 46) |
Recital 46: reliance on the vital interests of another person should in principle take place only where the processing cannot be manifestly based on another legal basis. Example: treating an unconscious patient.
Key terms - quick answers
What is “Necessity”?
What is “Contract basis (6(1)(b))”?
What is “Legal obligation (6(1)(c))”?
What is “Vital interests (6(1)(d))”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.