Sets out the legal grounds for processing personal data, including consent, contract, legal obligations, vital interests, public interest, and legitimate interests, while protecting the rights of the data subject.
Definition
Excerpt
Member States shall provide that personal data may be processed only if:
(a) the data subject has unambiguously given his consent; or
(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; or
(c) processing is necessary for compliance with a legal obligation to which the controller is subject; or
(d) processing is necessary in order to protect the vital interests of the data subject; or
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in a third party to whom the data are disclosed; or
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subject which require protection under Article 1 (1).
Related cases
Orange România SA was found responsible for using pre-ticked boxes as a form of obtaining consent from customers for storing copies of their identity documents, which does not constitute active consent.
Related deceptive patterns
The user is presented with a default option that has already been selected for them, in order to influence their decision-making.