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When collecting and processing personal data, businesses must have a valid legal basis to do so. A legal basis for processing personal data is the justification that businesses need to collect, use, or disclose personal information. Under data protection regulations like the GDPR, businesses must identify and document their legal basis before processing personal data.
Common Legal Bases for Processing Personal Data
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Consent: The individual has freely given their explicit and informed consent for their personal data to be processed for a specific purpose.
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Contract: Processing is necessary to fulfil a contract with the individual, or to take steps requested by the individual before entering into a contract.
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Legal Obligation: Processing is necessary for the business to comply with a legal obligation, such as tax or employment laws.
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Vital Interests: Processing is necessary to protect the vital interests of the individual, such as in life-or-death situations.
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Public Task: Processing is necessary for the business to perform a task in the public interest or to carry out an official function.
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Legitimate Interests: Processing is necessary for the legitimate interests of the business or a third party, provided that these interests do not override the individual's rights and interests.
Identifying the legal basis for processing personal data is a crucial aspect of complying with data protection regulations. However, this is just an introduction, and it's essential to consult with legal experts for a complete understanding of the specific legal basis that applies to your business's data processing activities.