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Lawful Basis

What is Lawful Basis?

The legal ground for processing personal data under GDPR Article 6. The six lawful bases are: consent, contract performance, legal obligation, vital interests, public task, and legitimate interests.

Privacy

Each of these is named in at least one of the same controls as lawful basis. The number is how many controls name both.

What the standards actually require on lawful basis

Requirements naming lawful basis across 6 standards, quoted from the control text.

The basis depends on the purpose and context; the employer must think about why it wants to monitor and pick the basis that best fits, must not use a one-size-fits-all approach, should identify and document every basis that applies from the outset, and should...

uk-ico-employment-practices-and-data-protection-monitoring-workers-2023::1.4(a) · 1.4(a) Choose the lawful basis for the specific purpose, document it from the start and do not switch later →

Modern systems (high definition, powerful lenses, online sharing) can be very intrusive, so the organisation should first consider achieving its aim by less privacy-intrusive means (lighting, fencing, regeneration of a disused space) and use surveillance only...

uk-ico-guidance-on-video-surveillance-including-cctv-2022::P.1 · P.1 Consider less intrusive alternatives first, aim cameras at the relevant space only, and document the lawful basis before deployment →

Processing is lawful only where the data subject has given and not withdrawn consent for the specific purpose, or the processing is necessary for the performance of a contract with the data subject or steps at the data subject's request before a contract, for...

nigeria-data-protection-act-2023-ndpa::25 · Lawful basis of personal data processing →

Articles 16-19 of UU PDP establish the foundational lawful processing framework. Article 16: lawful basis for processing personal data limited to (a) explicit valid consent of the Data Subject for one or more specific purposes;

IDPdp-LawfulBasis-Notice-Consent-PurposeLimitation-DataMinimisation-Art16to19-ExplicitConsent · Indonesia PDP Articles 16-19 + Lawful Basis + Notice + Explicit Consent + Purpose Limitation + Data Minimisation + 6 Lawful Bases + Withdrawal + Transparency →

Adhere to Oman Personal Data Protection Law (Royal Decree 6/2022) issued 9 February 2022 + effective 13 February 2023 Sections covering scope (applies to processing of personal data of identified or identifiable natural persons in Oman + or by controllers/proc...

OMANPDPL-1 · Scope, Lawful Basis, Consent, and Sensitive Data Protection →

Questions people ask about lawful basis

What is Lawful Basis?
The legal ground for processing personal data under GDPR Article 6. The six lawful bases are: consent, contract performance, legal obligation, vital interests, public task, and legitimate interests.
Why is Lawful Basis important for compliance?
Lawful Basis is a key concept in Privacy. Understanding lawful basis helps organizations meet regulatory requirements, reduce risk, and demonstrate due diligence during audits. Our compliance platform maps 1,016 frameworks with 316K cross-framework control mappings.
Which compliance frameworks address Lawful Basis?
Lawful Basis appears in the requirement text of UK ICO Employment Practices and Data Protection: Monitoring Workers (2023), Jamaica Data Protection Act 2020, UK ICO Guidance on Video Surveillance including CCTV (2022), Nigeria Data Protection Act 2023 (NDPA), Indonesia PDP Law. Across these standards we have identified 27 controls that name it directly, each linked to the control text on the compliance platform.
Where can I learn more about Lawful Basis?
Explore our compliance framework pages to see how lawful basis applies across different standards and regulations. Our implementation guides provide step-by-step guidance, and the compliance platform offers AI-powered analysis of how this concept maps across 1,016 frameworks.

See how Lawful Basis applies across compliance frameworks

Our platform maps 1,016 frameworks with 316K cross-framework control mappings. Explore how this concept is addressed across standards.

Written and maintained by Gerard Blokdyk, The Art of Service.