Commentary

(4) Lawful basis of processing

Division AII Contract of Employment
| Commentary

(4) Lawful basis of processing

| Commentary

(4)     Lawful basis of processing

Processing personal data will only be lawful if and to the extent that at least one the following legal bases for the processing applies (UK GDPR art 6(1)):

  1.  

    (a)     Consent: the data subject has given clear valid consent to the processing of their personal data for one or more specific purposes. Employers should rarely rely on employee consent because of the imbalance in the employment relationship (see para [194.112]).

  2.  

    (b)     Contract: the processing is necessary for the performance of a contract entered into with the data subject, or in order to take steps

To continue reading
Analyse the law and clarify obscure passages all within a practical context.