EdLaw
Lawful bases, consent and special categories
When processing is lawful: the Article 6 bases, the conditions for valid consent, and the stricter regimes for special categories of personal data and criminal-offence data.
Article 6 — Lawfulness of processing
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).
- (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- (b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- (c) processing is necessary for compliance with a legal obligation to which the controller is subject;
- (d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- (e) processing is necessary for the performance of a task of the controller carried out in the public interest or a task carried out in the exercise of official authority vested in the controller;
- (ea) processing is necessary for the purposes of a recognised legitimate interest;
- (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Points (ea) and (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
3. The basis for the processing referred to in point (c) ... of paragraph 1 shall be laid down by domestic law.
The basis for the processing referred to in point (e) of paragraph 1 must be laid down by domestic law or relevant international law (see section 9A of the 2018 Act).
The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task of the controller carried out in the public interest or a task carried out in the exercise of official authority vested in the controller. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. The domestic lawor relevant international law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.
5. For the purposes of paragraph 1(ea), processing is necessary for the purposes of a recognised legitimate interest only if it meets a condition in Annex 1.
- (a) adding or varying provisions, or
- (b) omitting provisions added by regulations made under this paragraph.
- (a) the requirement in paragraph 8 is satisfied, and
- (b) if the regulations add a case to Annex 1, the requirement in paragraph 9 is also satisfied.
8. The requirement in this paragraph is that the Secretary of State considers it appropriate to make the regulations having regard to, among other things—
- (a) the interests and fundamental rights and freedoms of data subjects which require protection of personal data, and
- (b) where relevant, the fact that children merit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing.
9. The requirement in this paragraph is that the Secretary of State considers that processing in the case to be added to Annex 1 is necessary to safeguard an objective listed in Article 23(1)(c) to (j).
11. For the purposes of paragraph 1(f), examples of types of processing that may be processing that is necessary for the purposes of a legitimate interest include—
- (a) processing that is necessary for the purposes of direct marketing,
- (b) intra-group transmission of personal data (whether relating to clients, employees or other individuals) where that is necessary for internal administrative purposes, and
- (c) processing that is necessary for the purposes of ensuring the security of network and information systems.
- “intra-group transmission” means transmission between members of a group of undertakings or between members of a group of institutions affiliated to a central body;
- “security of network and information systems” has the same meaning as in the Network and Information Systems Regulations 2018 (S.I. 2018/506) (see regulation 1(3)(g)).
Article 7 — Conditions for consent
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).
1. Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
2. If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
Article 9 — Processing of special categories of personal data
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).
1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.
2. Paragraph 1 shall not apply if the processing is based on Article 6(1) and one of the following applies:
- (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where domestic law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
- (b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by domestic law or a collective agreement pursuant to domestic law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
- (c) processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
- (d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;
- (e) processing relates to personal data which are manifestly made public by the data subject;
- (f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts or tribunals are acting in their judicial capacity;
- (g) processing is necessary for reasons of substantial public interest, on the basis of domestic law, or relevant international law, which shall be proportionate to the aim pursued ... and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
- (h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of domestic law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
- (i) processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of domestic law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;
- (j) processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes , is carried out in accordance with Article 84B and is based on domestic law which shall be proportionate to the aim pursued ... and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
3. Paragraph 1 is only disapplied by point (h) of paragraph 2 if the personal data is processed by or under the responsibility of a professional subject to the obligation of professional secrecy under domestic law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under domestic law or rules established by national competent bodies.
3A. In paragraph 3, ‘national competent bodies’ means competent bodies of the United Kingdom or a part of the United Kingdom.
- (za) section 9A makes provision about when the requirement in paragraph 2(g) of this Article for a basis in relevant international law is met;
- (a) section 10 makes provision about when the requirement in paragraph 2(b), (g), (h), (i) or (j) of this Article for authorisation by, or a basis in, domestic law is met;
- (b) section 11(1) makes provision about when the processing of personal data is carried out in circumstances described in paragraph 3 of this Article.
Article 10 — Processing of personal data relating to criminal convictions and offences
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).
1. Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by domestic law, or relevant international law, providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.
- (za) section 9A makes provision about when the requirement in paragraph 1 of this Article for authorisation by relevant international law is met;
- (a) section 10 makes provision about when the requirement in paragraph 1 of this Article for authorisation by domestic law is met;
- (b) section 11(2) makes provision about the meaning of “personal data relating to criminal convictions and offences or related security measures”.
Article 11 — Processing which does not require identification
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).
1. If the purposes for which a controller processes personal data do not or do no longer require the identification of a data subject by the controller, the controller shall not be obliged to maintain, acquire or process additional information in order to identify the data subject for the sole purpose of complying with this Regulation.
2. Where, in cases referred to in paragraph 1 of this Article, the controller is able to demonstrate that it is not in a position to identify the data subject, the controller shall inform the data subject accordingly, if possible. In such cases, Articles 15 to 20 shall not apply except where the data subject, for the purpose of exercising his or her rights under those articles, provides additional information enabling his or her identification.
Article 11A — Further provision about processing of special categories of personal data
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).
- (a) make provision so that an additional description of processing of personal data is subject to the prohibition in Article 9(1),
- (b) make provision so that added processing is not subject to that prohibition,
- (c) make provision so that an exception in Article 9(2) may or may not be relied on in connection with added processing, and
- (d) make provision varying such an exception as it applies in connection with added processing.
2. In paragraph 1, “added processing” means a description of processing which is subject to the prohibition in Article 9(1) by virtue of provision made under paragraph 1(a).
3. Regulations made under this Article (in reliance on Article 91A(4)(b)) may amend section 5, 205 or 206 of the 2018 Act (interpretation).
Sources
- legislation.gov.uk — UK GDPR (Regulation (EU) 2016/679 as retained), consolidated text
- ICO — UK GDPR guidance and resources
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