← NDPA 2023 · Lawfulness

s.25 — Lawful basis for processing

critical lawful-basisconsent

Requirement

Processing is lawful only where the data subject has given consent, or processing is necessary for the performance of a contract, compliance with a legal obligation, the protection of vital interests, a task carried out in the public interest, or the legitimate interests of the data controller or a third party.

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
consentcontractlegal obligationvital interestpublic interestlegitimate interestcontractual
Required element 2 — any one of
lawful basislegal basisbasis for processingground
Supporting terms — specificity signals
section 25per purposedocumentedbalancingassessment
Contradiction markers

Finding any of these outranks coverage — a policy that admits the gap is worse than silence.

no lawful basis identified

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.6 Lawful basis for processing lawful-basis consent
GDPR Art.8 Conditions for a child's consent to online services consent lawful-basis
GDPR Art.5(1)(a) Lawfulness, fairness and transparency lawful-basis
GDPR Art.5(1)(b) Purpose limitation lawful-basis
GDPR Art.7 Conditions for consent consent
GDPR Art.9 Special category data lawful-basis
GDPR Art.10 Criminal convictions and offences data lawful-basis
GDPR Art.21 Right to object, including to direct marketing consent