GDPR comparison—lawful basis for processing [Archived]
Produced in partnership with White and Case

The following Infromation Law guidance note Produced in partnership with White and Case provides comprehensive and up to date legal information covering:

  • GDPR comparison—lawful basis for processing [Archived]
  • Key
  • Lawful basis for processing
  • Lawful basis for processing special categories of personal data
  • Processing for new purposes
  • Processing not requiring identification

ARCHIVED: This Practice Note is archived content and reflects the position prior to the General Data Protection Regulation becoming applicable. This Practice Note is for background information only and is not maintained.

The General Data Protection Regulation (EU) 2016/679 (the GDPR) was published in the Official Journal of the European Union on 4 May 2016. It came into force on 24 May 2016. Consisting of 173 recitals and 99 articles over 11 chapters, the GDPR is much more comprehensive than its predecessor, Directive 95/46/EC (the Data Protection Directive).

The GDPR is directly applicable and fully enforceable in all EU Member States from 25 May 2018. The GDPR introduces substantial amendments to data protection law in the UK, replacing the Data Protection Act 1998 (DPA 1998) and the Data Protection Directive. While the GDPR allows Member States to introduce further domestic provisions in a number of areas, specific implementing legislation is not required. In the UK, the Data Protection Act 2018 (DPA 2018) implements provisions and permitted derogations in connection with the GDPR. For more information, see Practice Note: The Data Protection Act 2018.

This Practice Note provides a side-by-side comparison of the data protection regimes under the Data Protection Directive and GDPR. It also includes links to relevant guidance from the Information Commissioner’s Office (ICO) and Article 29 Working Party (the Working Party) as appropriate.

For a comprehensive introduction to the GDPR, collating key practical guidance, see: GDPR toolkit.

Key

Symbol Explanation
! Where there are material differences