Artifact GuideUKLawful Bases

UK GDPR Lawful Bases

Choose the Article 6 that fits the purpose and facts of each processing operation before the processing starts. Do not default to consent or .

A does not remove the other UK GDPR duties. Special category data, criminal offence data, electronic marketing, and cookies can require separate conditions or rules.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 25, 2026
Overview

Choose a for each distinct processing purpose before collecting or using personal data. Since 5 February 2026, Article 6 of the UK GDPR has seven bases: consent, contract, legal obligation, vital interests, public task, , and . Record why the selected basis applies, why the processing is necessary, and which additional data or sector rules apply.

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Find a question or answer quickly

4 of 4 questions
Question 1

How should a controller choose among the seven bases?

Start with the purpose, the controller's relationship with the person, and the legal or practical reason the processing is needed. Contract applies only where processing is objectively necessary to perform a contract with the person or take requested pre-contract steps. Legal obligation needs a duty imposed by UK law. Vital interests is narrow and protects a person's life. Public task requires a task in the public interest or official authority laid down by law.

Use consent only when the person has a genuine choice and can withdraw without detriment. Use ordinary only after the purpose, necessity, and balancing tests. Use only when every requirement of a specific Annex 1 condition is met; unlike ordinary legitimate interests, it does not require a separate balancing test.

  • Describe each purpose precisely. One system may need different bases for account delivery, fraud prevention, analytics, and marketing.
  • Test necessity: if a less intrusive reasonable method achieves the purpose, a necessity-based basis may not fit.
  • Do not treat contract terms or a privacy notice as proof that processing is necessary for a contract or legal obligation.
  • Tell people the and purpose in the privacy information, subject to any applicable exception.
Question 2

What additional checks are required?

Article 6 is only the first layer. Processing special category data also needs an Article 9 condition. Processing criminal offence data must satisfy Article 10 and usually a condition in the Data Protection Act 2018. If the activity uses cookies or similar storage and access technologies, PECR may require consent even where another UK GDPR basis might otherwise appear available.

The selected basis also changes the rights analysis. For example, the right to data portability is tied to consent or contract and automated processing, while the right to object is particularly relevant to public task and . No overrides fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, security, or accountability.

  • Record any Article 9 condition, Data Protection Act 2018 Schedule 1 condition, or Article 10 authority separately from the Article 6 basis.
  • Check PECR before the UK GDPR when storing information on or accessing information from a user's device.
  • Assess children's reasonable expectations and interests with extra care, especially under .
  • Complete a DPIA where the proposed processing is likely to result in a high risk to people's rights and freedoms.
Question 3

What evidence should the controller keep?

Keep a decision record that identifies the controller, data and people affected, each purpose, the chosen basis, the facts supporting it, the necessity analysis, and the approval date. Add the relevant contract clause, legal provision, consent record, public-task authority, Annex 1 condition, or assessment rather than relying on a label alone.

Update the record and privacy information when the purpose or processing changes. A controller should not switch basis after processing has started merely because the original choice became inconvenient. A genuine change in circumstances may justify a different basis, but the controller must document the change, assess fairness, and tell people where required.

  • Map every processing purpose in the record of processing activities to its Article 6 basis.
  • For consent, retain what the person saw, the affirmative action, the time, the scope, and any withdrawal.
  • For , name the Annex 1 condition and show how every element and the necessity test are met.
  • For , retain the purpose, necessity, and balancing assessment and the safeguards adopted.
Question 4

Questions and answers

Is consent the safest ?

No. Consent is appropriate only when it is freely given, specific, informed, unambiguous, and as easy to withdraw as to give. If the controller would process the data despite refusal or withdrawal, consent is unlikely to be the right basis. Contract, legal obligation, vital interests, public task, , or may fit better, depending on the purpose and facts.

Can one processing activity have more than one possible basis?

Sometimes the facts could support more than one basis, but the controller should identify the basis it is actually relying on for each purpose before processing starts. It should not list every possible basis as a fallback. If purposes differ, document them separately because the appropriate basis and the rights that follow may differ.

Does remove the need for a balancing test?

Yes, but only for processing that meets every requirement of one of the five Annex 1 conditions and is necessary for that purpose. The controller does not repeat the balancing test used for ordinary . It must still comply with the rest of the UK GDPR and any additional rules for special category or criminal offence data. It is not an exemption or a general public-interest basis.

Primary sources

References and citations

ico.org.uk3 citations
Referenced sections
  • Current regulator guidance on choosing, documenting, reviewing, and explaining a lawful basis.
  • Explains when each Article 6 basis may apply, the need to choose before processing, necessity, documentation, and privacy information.
  • Explains documentation, transparency, review, and the limits on changing a lawful basis after processing begins.
ico.org.uk2 citations
Referenced sections
  • Current regulator guidance on the five Annex 1 conditions and the limits of Article 6(1)(ea).
  • Explains the five Annex 1 conditions, necessity test, limits for public authorities, and difference from ordinary legitimate interests.
legislation.gov.uk2 citations
Referenced sections
  • Binding text establishing the seven lawful bases and their principal conditions.
  • Sets out the binding Article 6 lawful bases and the restriction on public authorities using Article 6(1)(ea) or (f) when performing their tasks.
ico.org.uk
Referenced sections
  • Explains the Article 10 safeguards and DPA 2018 conditions for processing criminal offence data.
ico.org.uk
Referenced sections
  • Explains that PECR must be considered first for storage and access technologies and how PECR consent affects the UK GDPR basis.
ico.org.uk
Referenced sections
  • Explains that special category processing needs both an Article 6 lawful basis and an Article 9 condition, with further DPA 2018 requirements for some conditions.
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