What are the six Article 6 lawful bases?
Article 6(1) GDPR lists six lawful bases: for one or more specific purposes; necessity for a contract with the data subject or pre-contract steps requested by the data subject; necessity for a legal obligation that applies to the controller; necessity to protect vital interests; necessity for a public-interest task or official authority vested in the controller; and necessity for pursued by the controller or a third party, unless overridden by the data subject's interests or fundamental rights and freedoms.
Pick the basis for the specific purpose, not for the system as a whole. A product may rely on contract for processing objectively necessary to deliver the requested service, legal obligation for records required by law, for optional communications, and for a separate operational purpose if the necessity and balancing tests support it.
- : record the specific purpose and the affirmative consent event.
- Contract: show why the processing is objectively necessary to perform the contract or take a pre-contract step requested by the data subject; a useful contract term does not make unrelated processing necessary.
- Legal obligation: identify the Union or Member State law that requires the controller to process the data.
- Vital interests: identify the interest essential to a person's life and, especially when protecting someone other than the data subject, why the processing cannot manifestly rest on another .
- Public task or official authority: link the processing to the public-interest task or official authority vested in the controller.
- : document the interest, necessity, and balancing test, including child or rights impacts.
Can a team choose any GDPR that is convenient?
No. Article 6 requires at least one , but the basis must match the purpose and facts of the processing. A controller should ask why the personal data is being processed, whether the chosen basis actually covers that purpose, and what obligation follows from that choice.
Citations (2)
- Regulation (EU) 2016/679 (GDPR)
Article 6 lists the six lawful bases and states that processing is lawful only if at least one applies.
at least one of the following applies
- Data Protection Commission - Guidance on Legal Bases for Processing Personal Data
Explains that controllers should identify their reason or justification for processing and names the six Article 6 bases.
What is my reason or justification