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Lawful basis

The legal ground for processing personal data. You need one for every purpose.

Please note: This page explains what a term means. It is general information, not legal, financial, tax or investment advice, and it does not know anything about your business. Before you sign, file or commit to anything, check it with an accountant, a solicitor, or the official guidance we link to.

What it means

The six lawful bases are consent, contract, legal obligation, vital interests, public task and legitimate interests.

Why it matters

You must identify one before processing and tell people which. Choosing consent by default is the commonest error, because consent must be freely given and can be withdrawn, which makes it fragile for things you need to do anyway.

What it looks like in practice

Contract covers processing needed to deliver what somebody bought. Legitimate interests covers much routine business processing, subject to a balancing test that must be documented.\n\nSpecial category data — health, biometrics, ethnicity, and more — needs an additional condition.

What to watch out for

Relying on consent for something you would do anyway. If withdrawing consent would not actually stop the processing, consent was the wrong basis.

Where to get proper advice

The ICO's lawful basis interactive tool, free.

Where to read more

Last reviewed 2026-08-28 by Fiducia Together · Next review due 2027-08-28

Please note: This page explains what a term means. It is general information, not legal, financial, tax or investment advice, and it does not know anything about your business. Before you sign, file or commit to anything, check it with an accountant, a solicitor, or the official guidance we link to.

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