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Judgment

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As regards obtaining the consent of the individuals concerned for the transmission to the Commission of the Protected Documents, first, as recalled in paragraphs 143 and 144 above, Article 6(1) of Regulation 2016/679 provides that the processing of personal data is lawful where at least one of the six conditions referred to in that paragraph is met. The processing of the personal data involved in producing the documents requested by the Commission is lawful in that it is necessary for compliance with a legal obligation to which the applicant is subject, as provided for in Article 6(1)(c) of Regulation 2016/679. Therefore, the consent of persons whose personal data are processed is not required under Article 6(1)(a) of that regulation. Second, such consent is not, under Article 5(1)(a) of Regulation 2018/1725, a condition for data processing by the Commission to be lawful in the context of the performance of a task carried out in the public interest or in the exercise of official authority vested in it, which is the case for an investigation based on Regulation No 1/2003.

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