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What is the legal obligation?

This legal basis applies when the processing is imposed by applicable law.

Example: The Labor Code requires the employer to maintain a single register of personnel. This document must contain various personal data (name, first name, nationality, gender, job, qualifications, etc.). The data controller must maintain this register; otherwise, they would not comply with their legal obligation and could face criminal penalties.

When to chose the legal obligation?

The obligation must be:

  • Defined by European or national law;

  • Imperative (the data controller must have no other choice but to comply with this obligation);

  • Clear and specific (the text must at least specify the purpose of the processing);

  • Intended for the data controller, not for the data subjects.