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ARTICLE · 23 MAY 2019

New Data Protection Guidelines To Impact Online Services?

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

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The European Data Protection Board (EDPB) recently published draft guidelines (Guidelines) which may impact online service providers' ability to process personal data.

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The European Data Protection Board (EDPB) recently published draft guidelines (Guidelines) which may impact online service providers' ability to process personal data. The Guidelines are open for consultation until 24 May 2019.

The Guidelines are significant because the legal basis a service provider relies on determines, and impacts upon, the type and scope of its processing activities. We consider the Guidelines and some of the key examples.

In order to process personal data lawfully, an organisation must identify one or more of the six legal bases specified in the GPDR. Traditionally, consent was a popular legal bases but changes under the GDPR have meant a greater focus on the legal bases of contractual necessity (CN) and legitimate interests.

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