For businesses that process personal data, complying with the UK data protection law rules is a vital legal requirement. A key principle of this legal framework for data controllers is determining a lawful basis for data processing. Without a lawful basis, data processing is unlawful. A lawful basis is a mandatory compliance requirement, one of the most fundamental obligations for data controllers to determine within their personal data compliance and management framework. This article explores why businesses need a lawful basis and how the lawful basis determination impacts an organisation’s compliance obligations.<\/p>\n\n\n\n
As a controller, you must identify a lawful basis before processing personal data, a key legal requirement under the UK GDPR rules<\/a>. <\/p>\n\n\n\n If you cannot rely on one of the lawful bases, your processing will be unlawful and violate the UK GDPR. Breaching the UK GDPR rules can have negative implications, such as enforcement action, reputational damage, and fines.<\/p>\n\n\n\n Identifying your legal basis upfront can help you ensure compliance and clarify why your business handles different types of personal data.<\/p>\n\n\n\n The UK GDPR provides six lawful bases for processing personal data:<\/p>\n\n\n\n Your business must take the time to carefully understand what each lawful basis means and how to apply a lawful basis to your specific data processing activities. If you feel uncertain about which basis to rely upon, you should seek legal advice<\/a> from a data protection solicitor to help guide you on which may be appropriate for your specific purposes.<\/p>\n\n\n\n Imagine you run a mobile app and act as the data controller for the personal data you collect via that app. To comply with the UK GDPR, you must assess each purpose for collecting and using your users’ personal data, determine a lawful basis for processing, and tell users about this in your Mobile App Privacy Notice.<\/p>\n\n\n\n For example, when you allow users to install the app and set up an account, you will likely collect their identity, contact, and device information. Your business may rely on the grounds of\u00a0 ‘performance of a contract’ because you need such data to deliver the app and its core functions to users.<\/p>\n<\/div>\n\n\n\n If your app lets users make purchases, you may collect and process their data to fulfil orders, manage payments, and send payment confirmations. The lawful basis for this activity may depend on the performance of a contract, as your business needs the data to provide the services or purchases the user requested.<\/p>\n\n\n\n In each case, you must document the lawful basis for processing, explain it clearly in your Mobile App Privacy Notice, and ensure users understand how and why you process their data. If you rely on legitimate interests, your business must carry out a Legitimate Interests Assessment to show that your interests do not override the rights and freedoms of your users.<\/p>\n\n\n\n Determining the appropriate legal basis and associated rules is a key initial consideration for your projects.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
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