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corresponding legal basis contained in Article 6(1)(a) GDPR, 6(1)(d) GDPR and 6(1)(e) GDPR respectively, and would require no additional correlation. The other

There is a slightly different concept of "explicit consent" in Articles 9(1)(a), 22(2)(c) and 49(1)(a) GDPR. See the commentary on Article 9(1)(a) GDPR for

consent under Article 6(4) GDPR and further processing for a compatible purpose under Article 6(4) GDPR. See the commentary on Article 6(4) GDPR for details

alike. This consent is not valid. If a controller relies on consent under Article 6(1)(a) or Article 9(2)(a) GDPR, data subjects can withdraw their consent

safeguards (see Article 32(1)(a) GDPR); Handling of personal data breaches (see Article 34(3)(a) GDPR); Changing purposes of data processing (Article 6(4)(e) GDPR);

reliance on Article 6(1)(f) GDPR or at least exercise the right to object under Article 21 GDPR. If the legal basis is Article 6(1)(f) GDPR (i.e. 'legitimate

provided for in Article 6(1)(a) GDPR or, as the case may be, Article 9(2)(a) GDPR, and consent is withdrawn according to Article 7(3) GDPR, data must be

legitimate interest that a controller must demonstrate under Article 6(1)(f) GDPR, as any processing based on Article 6(1)(f) GDPR would otherwise be essentially

legitimate interest (Article 6(1)(f) GDPR) or (ii) the public interest (Article 6(1)(e) GDPR). Hence, data subjects may find themselves in a situation where

basis of Article 6(1)(c) GDPR (i.e. processing is necessary for compliance with a legal obligation to which the controller is subject) or Article 6(1)(e) GDPR

different functions, a permissive function (Article 88(1) GDPR) and a conditional function (Article 88(2) GDPR). While Article 88(2) GDPR determines the scope

the GDPR (Article 3)’, 12 November 2019 (Version 2.1), p. 6 (available here). EDPB, ‘Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)’

entities could claim a legitimate interest under Article 6(1)(f) GDPR for communication data for purposes that are even less serious. Such a legitimate interest

Member States. Example: Article 6(1)(a) GDPR Example: Not Art. 6 Abs 1 Lit a GDPR or Article 6 GDPR or GDPR Article 6, Sec 1(a) Recitals are also not shortened

compliant with Articles 5 and 6 GDPR. According to Article 6 GDPR, when a controller did not rely on consent (Article 6(1)(a) GDPR), its processing should be

other two conditions of Article 6 (1) (f) of the GDPR are not met. (26) The second condition of Article 6 (1) (f) of the GDPR is that the processing of

of such processing (see Article 5(1)(b) GDPR), the requirement to have a legitimate basis laid down by law (see Article 6(1) GDPR), the right to access and

provisions Article 4.11: Consent (definition) Article 4.12: Violation of personal data (definition) Article 5.2: Principle of accountability Article 6.1.a: Legal

provided in article 46.1 of the aforementioned Law. 940-0419 Mar Spain Martí Director of the Spanish Agency for Data Protection C / Jorge Juan, 6 www.aepd

consented to processing of his or her data (Art 7 (1) GDPR). This is equally true under Article 7(a) of the Directive 95/46, which required that the data