Principles Applying To Data Processing: Lawfulness

Art. 5 of the new General Data Protection Regulation can be considered as the heart of the system. Indeed, it contains the principles that must be followed in data processing. This article is not only for insiders, so it should be read with great attention in order to properly interpret and apply the Regulation. The first principle stated is lawfulness. The Regulation provides that data processing is lawful in the following cases, outlined in art. 6:

CONSENT

The data subject has given consent to the processing of his or her personal data for one or more specific purposes. This is the most frequent case; however, attention must be paid to the relation between consent and purpose of the processing. If data are processed beyond the agreed purposes, the processing is not lawful.