Legal basis for processing

Data protection glossary · 1 minute read

The legal basis is the statutory permission on which any processing of personal data must be based in order to be lawful.

  • consent of the data subject
  • performance of a contract or pre-contractual measures
  • compliance with a legal obligation
  • protection of vital interests
  • performance of a task carried out in the public interest
  • legitimate interests of the controller or a third party

For special categories of personal data, an exception under Art. 9(2) GDPR must also apply.

Practice

The legal basis must be determined before processing begins and stated in the privacy information. Switching later, for example from consent to legitimate interest after consent has been withdrawn, is problematic.

Art. 6(1) GDPR
Exhaustive list of legal bases.
Art. 9(2) GDPR
Exceptions for special categories.
Art. 13(1)(c) GDPR
Obligation to state the legal basis.

Last updated: September 2026

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Dr. Georg Schröder, LL.M. · Managing Director, Lawyer, Data Protection Officer

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