Deep DiveEU

EU GDPR Lawful Basis and Consent

Lawful basis should be mapped per purpose, system behaviour, and notice, not chosen once and forgotten.

Consent is only one Article 6 route, and where it is used the proof and withdrawal model must be as strong as the collection flow.

Author
Sorena AI
Published
Feb 21, 2026
Updated
Feb 21, 2026
Sections
3

Structured answer sets in this page tree.

Primary sources
3

Cited legal and guidance references.

Publication metadata
Sorena AI
Published Feb 21, 2026
Updated Feb 21, 2026
Overview

The most common lawful-basis failure is not choosing the wrong label once. It is letting the purpose, the actual system behaviour, the notice, and the evidence drift apart over time. A workable GDPR model starts with a purpose register, assigns the lawful basis for each purpose, records why that basis is appropriate, and forces changes through the same review path that governs product and marketing changes. Where consent is used, you also need a proof, withdrawal, and downstream-enforcement model.

Section 1

1) Article 6 basis selection is purpose-specific

Do not assign lawful basis by product or by team. Assign it by concrete processing purpose.

That is the only way to keep the register aligned with notices, retention, and rights handling.

  • Maintain a purpose register and attach one lawful basis to each discrete purpose.
  • Document why contract, legal obligation, legitimate interests, consent, vital interests, public task, or another basis applies.
  • Review basis selection whenever the purpose, recipient set, analytics pattern, or marketing use changes.
  • Store the decision with the relevant system owner and policy owner.
Section 3

3) Legitimate interests needs a balancing record

Legitimate interests is often operationally useful, but it needs a real balancing assessment and a clear objection path.

Without that record, the basis tends to collapse under scrutiny.

  • State the legitimate interest pursued, why the processing is necessary, and why the impact on individuals is proportionate.
  • Check whether children, vulnerable individuals, or unexpected uses change the balance.
  • Connect the balancing record to the notice and objection workflow.
  • Review the assessment when profiling, monitoring, or marketing intensity changes.
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Primary sources

References and citations

dataprotection.ie
Referenced sections
  • Useful official guidance for recording Article 6 legal basis in accountability records.
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