Principle in Focus — Lawfulness

No processing without a reason that the law accepts.

Lawfulness means that every processing activity needs a legal basis or a justification. Laws differ most in this point: some are built on consent, others offer several equal legal bases.

Typical legal bases and valid consent

  • Consent of the data subject, e.g. for newsletters
  • Contract: data needed to deliver what the customer ordered or to employ someone
  • Legal obligation: e.g. tax, accounting and social security records
  • Vital interests: e.g. medical emergencies
  • Legitimate interests of the organisation, balanced against the rights of the person (not available in every law)

Valid consent is freely given, specific, informed and unambiguous — and it can be withdrawn at any time. Pre-ticked boxes and consent hidden in terms and conditions do not count.

Legal basis in your jurisdiction

Chile

Consent plus further legal bases similar to the GDPR, e.g. performance of a contract, legal obligation and legitimate interests of the controller.

ResGuard — Data Protection Workshop 1 · Task 1 · Jurisdiction: Chile Slide 6 of 10