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Valid consent is freely given, specific, informed and unambiguous — and it can be withdrawn at any time.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

Singapore

Consent is the general rule, including deemed consent by conduct, by contractual necessity or by notification. Exceptions include legitimate interests and business improvement purposes.