Jurisdiction(s):
European Union

EU GDPR lawful bases for processing: a practitioner's guide to consent, contract, legal obligation, vital interests, public task, legitimate interests, necessity, purpose changes, and special category/criminal data

Published by a LexisNexis EU Law expert

Practice notes

FORTHCOMING CHANGE:

This Practice Note sets out the law as it currently stands, but be aware that aspects of it are expected to change in light of the Digital Omnibus proposals dated 19 November 2025, brought forward under the EU Commission’s ‘simplification’ agenda. For supplementary details and context, please consult Practice Note: EU Digital Omnibus—tracker. This Practice Note outlines the lawful grounds for handling personal data under the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). It presumes a degree of familiarity with EU data protection rules. For an overview of the EU GDPR, including explanations of core data protection notions and vocabulary, see Practice Note: The EU’s General Data Protection Regulation (EU GDPR) and the EU data protection law collection. Note that:

This Practice Note addresses provisions of the EU GDPR that operate across EEA states at the supranational level only—seek guidance from the relevant national data protection authorities and domestic legislation for the stance taken in any given EEA state
In some scenarios the EU GDPR applies extra-territorially, meaning it may sit alongside a third country’s data protection regime—see Practice Note: EU GDPR—extra-territorial reach

The processing of personal data under the EU GDPR will only be...

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Web page updated on 21/05/2026

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