Lawful Processing and Consent

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Valid consent is freely given, specific, informed and unambiguous — and it can be withdrawn at any time.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

Peru

Consent is the general rule: free, prior, express, informed and unequivocal, and in writing for sensitive data. The law lists exceptions, e.g. data needed for a contractual relationship, legal obligations or data from publicly accessible sources.