Q&As

What lawful basis for processing can a firm rely on where the firm provides required information to third parties, eg a third party referrer or funder?

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Produced in partnership with Shobana Iyer of Swan Chambers
Published on LexisPSL on 08/05/2018

The following Risk & Compliance Q&A produced in partnership with Shobana Iyer of Swan Chambers provides comprehensive and up to date legal information covering:

  • What lawful basis for processing can a firm rely on where the firm provides required information to third parties, eg a third party referrer or funder?
  • The lawful grounds for processing personal data under the GDPR: Article 6
  • Consent
  • Contractual necessity
  • Legal obligation
  • Legitimate interest
  • The lawful grounds for processing special category personal data under the GDPR: Article 9

What lawful basis for processing can a firm rely on where the firm provides required information to third parties, eg a third party referrer or funder?

The General Data Protection Regulation (GDPR) sets out the possible bases for lawful processing in Article 6 for ordinary personal data and Article 9 for special category personal data.

The lawful grounds for processing personal data under the GDPR: Article 6

There are six potentially lawful grounds for processing personal data also known as the legitimate grounds or conditions for processing:

  1. consent—the data subject has given consent to the processing of their personal data for one or more specific purposes

  2. contractual necessity—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

  3. legal obligation—processing is necessary for compliance with a legal obligation to which you are a subject

  4. vital interest—processing is necessary to protect the vital interests of the data subject or another natural person

  5. public interest—processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in you

  6. legitimate interest—processing is necessary for the purpose of the legitimate interests pursued by you or a third party, except where such interests are overridden by the interests or

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