Prohibition subject to permission (Verbot mit Erlaubnisvorbehalt)

Data protection glossary · 1 minute read

The prohibition subject to permission describes the principle that processing personal data is prohibited unless it is permitted by a legal basis.

Meaning

It is not the data subject who has to justify why their data should not be processed, but the controller who has to justify why it may process it. The GDPR expresses this in Art. 6(1): processing is only lawful if at least one of the conditions listed there is met.

Origin and criticism

The term comes from earlier German data protection law. Critics consider it misleading because the legal bases in Art. 6 GDPR, in particular legitimate interest, are broadly framed. In substance, however, the principle continues to apply, and for special categories Art. 9(1) GDPR even lays it down as an express prohibition.

Art. 6(1) GDPR
Lawfulness only where a legal basis applies.
Art. 9(1) GDPR
Express prohibition of processing special categories.
Art. 5(1)(a) GDPR
Principle of lawfulness.

Last updated: September 2026

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

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