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Legal basis / element

Term, not defined in lawGDPR

This is not a legal definition. Related to among others Art. 6 and Art. 9 GDPR.

A widely used but confusing term that usually refers to a valid reason for processing under Article 6 GDPR, but can also refer to various other parts of the GDPR. The word "basis" barely appears in the GDPR itself. The better Translation into Dutch is "element" that lawyers use for the various parts of a legal rule that must be fulfilled (alternatively or cumulatively) for the legal effect to arise. In the same way, several elements of the GDPR must be met before the legal effect "permitted processing" arises.

Questions about what this term means for your organisation? Contact Mr. Dr. Vlieger.