The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:
An organisation cannot simply process personal data because it wishes to do so. It can only process personal data if it satisfies one of the conditions set out in Article 6(1) of Regulation 2016/679, General Data Protection Regulation. These are commonly known as the ‘lawful grounds’, ‘legitimate grounds’ or ‘conditions’ for processing.
If your organisation processes personal data in the absence of a lawful ground, it will breach the UK GDPR. Failing to comply with the UK GDPR can expose an organisation to serious reputational damage, claims by aggrieved data subjects and fines up to £17.5m or up to 4% of the total worldwide annual turnover.
Under the UK GDPR, there are six potentially lawful grounds for processing personal data:
the data subject has given consent to the processing of their personal data for one or more specific purposes—see below: Consent
processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract—see below: Performance of a contract
processing is necessary for compliance with a legal obligation to which you are subject—see below: Compliance with a legal obligation
processing is necessary to protect the vital interests of the data subject or
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