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Lawful Basis

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This topic is essential as Article 6 GDPR provides the specific legal bases that determine whether processing is lawful, which is the core requirement of the 'Lawfulness of processing' content.

170 linked items 10 Laws50 Case Law30 Guidance11 Enforcement69 News

Overview

13 sources · Jul 23, 2026

Legal Framework

Article 6(1) GDPR establishes six independent lawful bases for processing personal data: consent, contract performance, legal obligation, vital interests, public task, and legitimate interests. Processing is lawful only if at least one basis applies before processing begins. Recital 47 elaborates on legitimate interests under Article 6(1)(f), permitting processing when the controller's interests do not override the data subject's fundamental rights and reasonable expectations, particularly where a relevant relationship exists. Recital 46 clarifies that vital interests under Article 6(1)(d) generally apply only where processing cannot be based on another legal basis, typically involving life-threatening situations or humanitarian purposes. The controller bears the burden of documenting the applicable basis under the Article 5(2) accountability principle.

Key Developments

The CJEU's ruling in Data Protection Commissioner v. Facebook Ireland (Schrems) underscores that supervisory authorities possess broad powers to scrutinize whether a lawful basis adequately protects data subjects, especially in cross-border contexts. While Schrems primarily addresses transfer mechanisms, it reinforces that national DPAs can independently assess the lawfulness of underlying processing operations. In Fashion ID v. Verbraucherzentrale NRW, the CJEU established that controllers must provide transparent information about the lawful basis relied upon, but only for processing operations where they actually determine purposes and means. This limits joint controllers' information duties to their respective roles. The EDPB's Guidelines 06/2020 on the interplay between PSD2 and the GDPR clarifies how sectoral laws may constrain the availability of certain bases, particularly in financial services. Recent enforcement actions, including the ICO's penalty against Allay Claims Ltd, demonstrate that failure to establish a valid lawful basis—particularly defective consent—triggers strict accountability and financial penalties.

Practical Guidance

  • Map processing activities to specific bases: Document which Article 6(1) basis applies to each processing operation before commencement, ensuring the basis is appropriate for the context and data subject relationship.
  • Conduct legitimate interest assessments (LIAs): For Article 6(1)(f), perform and document a three-part test identifying the legitimate interest, necessity, and balancing against data subject rights and reasonable expectations per Recital 47.
  • Verify consent mechanisms: Ensure consent under Article 6(1)(a) is freely given, specific, informed, and unambiguous, with clear opt-out mechanisms, as defective consent invalidates the basis entirely.
  • Limit vital interests to exceptional cases: Reserve Article 6(1)(d) for genuine life-or-death scenarios where no other basis is viable, consistent with Recital 46.
  • Align transparency obligations: Provide data subjects with information on the lawful basis relied upon at the time of collection, tailored to the controller's actual role in determining processing purposes, as clarified in Fashion ID.
Everything on this topic ranked by relevance · links go to the exact provision / paragraph / section
Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Lawful basis (in general): Subject to the exceptions permitted under Article 13 of the Data Protection Directive, all processing of personal data must comply, first, with the… CJEU Case Law CJEU Sep 2017 exhaustive and restrictive list
why this is here
subject to the exceptions permitted under Article 13 of that directive, all processing of personal data must comply, first, with the principles relating to data quality set out in Article 6 of the directive and, secondly, with one of the criteria for making data processing legitimate listed in Article 7

The excerpt directly addresses the requirement of a lawful basis under Article 7 of Directive 95/46, the predecessor to GDPR Article 6.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Worten v ACT: processing working time records lawful if necessary for legal compliance Necessity/proportionality: Collection and processing of personal data contained in the record of working time to ensure compliance with national legislation relating to working… CJEU Case Law CJEU May 2013 legal obligation necessity under Article 7(e)
why this is here
processing of those personal data is necessary for compliance with a legal obligation to which the employer is subject

The ruling interprets the necessity ground under Directive 95/46, which is the predecessor to Article 6(1)(c) GDPR, and is central to lawful basis analysis.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Guidelines 06/2020 interplay of the Second Payment Services Directive and the GDPR Guidelines on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR Guidelines ·EDPB Guidance EDPB Dec 2020 Legal bases for processing
why this is here
the main legal basis for the processing of personal data for the provision of payment services is Article 6(1)(b) of the GDPR

The document extensively discusses which legal basis applies (Article 6(1)(b), (c), (f), consent) for PSD2 processing.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Valsts policijas Rīgas reģiona pārvaldes Kārtības policijas pārvalde v Rīgas pašvaldības SIA ‘Rīgas satiksme’ Rigas CJEU Case Law CJEU May 2017 Conditions for lawful processing under Article 7(f)
why this is here
Article 7(f) of Directive 95/46 does not, in itself, set out an obligation, but expresses the possibility of processing data such as the communication to a third party of data necessary for the purposes of the legitimate interests pursued by that third party.

The document interprets a lawful basis provision (predecessor to Article 6(1)(f) GDPR) and explains when it can be relied upon, making it directly relevant to lawful basis analysis.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Guidelines 05/2020 consent under Regulation 2016/679 Guidelines on consent Guidelines ·EDPB Guidance EDPB May 2020 consent as lawful basis under Article 6
why this is here
Consent remains one of six lawful bases to process personal data, as listed in Article 6 of the GDPR.

Consent is discussed as a lawful basis under Article 6, which is central to the topic.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Guidelines 3/2019 processing of personal data through video devices Guidelines ·EDPB Guidance EDPB Jan 2020 Lawful bases under Article 6
why this is here
In principle, every legal ground under Article 6 (1) can provide a legal basis for processing video surveillance data.

The document extensively analyzes lawful bases under Article 6, including legitimate interest, public task, and consent, as they apply to video surveillance.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Lawful Basis (Public Interest): Article 7(e) Directive 95/46 must be interpreted as not precluding the processing of personal data by the authorities of a Member State for the… CJEU Case Law CJEU Sep 2017 Article 6(1)(e) GDPR
why this is here
Article 7(e) Directive 95/46 must be interpreted as not precluding the processing of personal data by the authorities of a Member State for the purpose of collecting tax and combating tax fraud

The judgment directly interprets the analogous provision to Article 6(1)(e) GDPR, concerning processing necessary for a task in the public interest.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

CJEU: Member States cannot add lawful grounds for data processing beyond Directive 95/46 Valid purposes for processing: EU data protection law sets out an exhaustive and restrictive list of cases in which the processing of personal data can be regarded as lawful.… Case Law CJEU Nov 2011 Exhaustive lawful grounds
why this is here
Article 7 of Directive 95/46 sets out an exhaustive and restrictive list of cases in which the processing of personal data can be regarded as being lawful.

The judgment directly interprets the exhaustive nature of lawful processing grounds, which is the predecessor to Article 6 GDPR.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

CJEU Bara: public body must inform data subjects of data transfer to another public body Principle of fairness and lawfulness: The requirement of fair processing laid down in Article 6 of Directive 95/46 requires a public administrative body to inform the data… Case Law CJEU Oct 2015 Lawful basis for processing
why this is here
Article 315 of Law No 95/2006 cannot constitute, within the meaning of Article 10 of Directive 95/46, prior information

The judgment assesses whether a national legal provision satisfies the Directive's requirements for lawful processing and information duties.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

CJEU Google Spain: data subject may require search engine to remove links to outdated Legitimate interest balancing test: Legitimate interest requires balancing of the interest of the controller and third party with the interest of the data subject. In this… Case Law CJEU May 2014 Article 7(f) as lawful basis
why this is here
all processing of personal data must comply, first, with the principles relating to data quality set out in Article 6 of the directive and, secondly, with one of the criteria for making data processing legitimate listed in Article 7

The document discusses the lawful basis under Article 7(f) of Directive 95/46, which corresponds to Article 6(1)(f) GDPR, but the central focus is the balancing test rather than lawful bases generally.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

CJEU: Controller's legitimate interest may include protecting property, health and life Legitimate interest: Arts. 7(f), 11(2) and 13(1)(d) and (g) make it possible to take into account the legitimate interests of the controller in protecting the property, health and… Case Law CJEU Dec 2014 Legitimate interest as lawful basis
why this is here
the application of Directive 95/46 makes it possible, where appropriate, to take into account — in accordance, in particular, with Articles 7(f), 11(2), and 13(1)(d) and (g) of that directive — legitimate interests pursued by the controller

The document addresses Article 7(f), the predecessor to Article 6(1)(f) GDPR, specifically on legitimate interest as a lawful basis, but does not cover other grounds for processing.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Guidelines 1/2018 certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation Guidelines ·EDPB Guidance EDPB Jun 2019 lawfulness as compliance aspect
why this is here
the lawfulness of processing pursuant to Article 6;

The document lists lawfulness as one of several compliance aspects for certification criteria, but does not analyze legal bases.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

V & EDPS V. EUROPEAN PARLAMENT, 5.7.2011 (“V v. European Parliament”) V. v. Parliament CJEU Case Law CJEU Jul 2011 necessity test for lawful processing
why this is here
it is not established that that transfer was ‘necessary’ for the purposes of complying with that obligation

The case applies the necessity requirement similar to Article 6 GDPR lawful bases, particularly in assessing whether the transfer was proportionate, but the law at issue is Article 10 of Regulation 45/2001.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

CJEU: Processing of beneficiary data not based on consent; individuals must be informed Purpose for processing: The legislation at issue does base the processing on consent. Rather, it provides that they are to be informed. Thus, processing is not based on their… Case Law CJEU Nov 2010 public task
why this is here
processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

This outlines a potential lawful basis for processing, namely the performance of a task in the public interest, under the relevant directive provisions.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

CJEU: Passport fingerprint processing not based on consent as passports are essential Lawful basis: It is essential for citizens of the EU to own a passport in order to travel to a third country, and a passport must contain fingerprints. Therefore, citizens are not… Case Law CJEU Oct 2013 lawful basis for processing fingerprints
why this is here
persons applying for passports cannot be deemed to have consented to that processing

The case discusses whether consent can serve as a lawful basis, and implicitly addresses the lawfulness of processing when no valid consent exists, which is relevant to Article 6 analysis.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

C-465/00 Österreichischer Rundfunk and Others CJEU: Publishing employee names and salaries may interfere with private life (Rundfunk) Lawful basis for proceeding (Necessity requirement): The CJEU held that for an employer to publish the names and incomes of employees to a third party is an interference with the… Case Law CJEU May 2003 necessity and appropriateness requirement
why this is here
both necessary for and appropriate to the aim of keeping salaries within reasonable limits

The CJEU assesses whether the interference is necessary and proportionate, which is a core element of lawfulness under Article 6 GDPR, although it does not cite a specific legal basis.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Admissibility of illegally obtained evidence: Article 47 of the Charter of Fundamental Rights of the EU precludes national court from rejecting, as evidence of an infringement of… CJEU Case Law CJEU Sep 2017 consent requirement for processing
why this is here
without the consent, legally required, of the person responsible for processing that data

The document references consent as a legal requirement for processing, but the central issue is admissibility of evidence, not the lawful basis itself.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Guidelines 07/2020 concepts of controller and processor in the GDPR Guidelines ·EDPB Guidance EDPB Jul 2021 Legal basis as shared obligation
why this is here
the distribution of responsibilities should cover other controller obligations such as regarding the general data protection principles, legal basis, security measures

Legal basis is mentioned only as one of the obligations to be allocated among joint controllers.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

€10,000 SOPHIE ET VOILA, S.L: Insufficient legal basis for data processing The Spanish DPA has imposed a fine of EUR 10,000 on SOPHIE ET VOILA, S.L..The wedding dress company had published a picture of a customer in a wedding dress on its Instagram… SPAIN ·AEPD ·Art. 6 Enforcement Spanish Data Protection Authority (aepd) Sep 2022 violation of Article 6.1 GDPR
why this is here
publishing various entries on your blog in which data is collected of the claimed (image, name and surnames) without their consent, or any other legitimizing cause of data processing personal

The core of the decision is that the processing lacked any legitimate basis under Article 6, leading to the fine.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Guidelines 8/2020 targeting of social media users Guidelines ·EDPB Guidance EDPB Apr 2021 Lawfulness mention
why this is here
tackle the application of key data protection requirements (such as lawfulness and transparency, DPIA, etc.)

Only briefly mentions lawfulness without detailing Article 6 bases.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Guidelines 5/2019 criteria of the Right to be Forgotten in the search engines cases under the GDPR (part 1) Guidelines ·EDPB Guidance EDPB Jul 2020 Legal grounds for processing
why this is here
both Article 17 and Article 21 GDPR can serve as a legal basis for delisting requests

The document mentions legal bases for delisting but does not analyze Article 6 grounds in detail.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

Guidelines 07/2022 certification as a tool for transfers Guidelines on certification and identifying certification criteria Guidelines ·EDPB Guidance EDPB Feb 2023 lawfulness as a precondition
why this is here
lawfulness according to Article 6 GDPR

Mentions Article 6 as part of general GDPR compliance required before transfer, but not a deep treatment.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

Guidelines 1/2019 Codes of Conduct and Monitoring Bodies under Regulation 2016/679 Guidelines on codes of conduct and monitoring bodies Guidelines ·EDPB Guidance EDPB Jun 2019 codes covering lawful processing
why this is here
set out specific data protection rules for categories of controllers and processors

The document does not specifically address Article 6 lawful bases, though codes may relate to processing activities.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

€900 LfD (Lower Saxony) - Fine EUR 900,000 against bank A commercial bank (controller) used personal data of current and former customers (data subjects) to identify customers with an affinity for digital media usage, in order to… Germany ·Art. 6 Enforcement LfD (Lower Saxony) Sep 2022 lawful basis for profiling
why this is here
The company is accused of not being compatible with Article 6(1)(f) of the General Data Protection Regulation (GDPR).

The document centers on whether a lawful basis exists for processing, specifically rejecting legitimate interest and requiring consent.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Belgian DPA: Legitimate interest can justify direct marketing to recent former customers The data subject was a former customer of the controller (which remained unknown). The data subject received direct marketing from the controller. The data subject objected to the… 117/2022 ·Belgium ·APD/GBA Enforcement APD/GBA (Belgium) Jul 2022 Article 6(1)(f) lawful basis
why this is here
The Disputes Chamber decides that the controller has no infringement committed to Article 6.1 of the GDPR.

The decision explicitly applies Article 6(1) GDPR to assess whether processing had a lawful basis.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Court rules on Experian appeal of ICO enforcement notice > The First-Tier Tribunal overturned portions of a 2020 enforcement notice by the U.K. Information Commissioner's Office against Experian, confirming the company's reliance on… News IAPP Feb 2023 Legal basis determination under Article 6
why this is here
confirming the company's reliance on legitimate interests as a legal basis for processing credit reference agency information

The ruling explicitly addresses whether a lawful basis exists under Article 6, making it core to this topic.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

Court of Audit points out obstacles in implementation of GDPR in Netherlands in letter to Chamber The Court of Audit has sent a letter to the House of Representatives pointing out obstacles in the implementation of the General Data Protection Regulation (AVG) in the… News IT en Recht Apr 2023 legal basis for processing
why this is here
The AVG provides room to process personal data, but there must be a legal basis before data can be shared or processed.

Explicitly references the requirement of a legal basis for processing, which is core to Article 6 GDPR, though not the main focus.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

Respondent has no right to erasure of personal data Hague Court of Appeal February 3, 2023, IT 4226; ECLI:NL:GHDHA:2023:306 (Veilig Thuis v. the respondent) In this case, a man requested the deletion of his personal data processed… News IT en Recht Mar 2023 lawfulness under Social Support Act
why this is here
Veilig Thuis's processing of the man's data was lawful under the Social Support Act (Wmo)

Shows lawful basis for processing was assessed under Wmo rather than GDPR Article 6 directly, but is central to the ruling.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Collection and retention, by the French blood donation service (EFS), of personal data reflecting applicant’s presumed sexual orientation without proven factual basis: violation of Article 8 of the Convention News ECHR Sep 2022 Legal basis for data processing
why this is here
That interference had a foreseeable legal basis

The document discusses the legal basis for the interference, but not specifically under GDPR Article 6; it refers to French law and Article 8 ECHR.

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

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