2. Define Lawfulness

Lawfulness

The processing of personnel data must be based on a legal basis, taking into account the general standards of decency (fairness) and that the processing is transparent (transparency, see below) for the data subject.

2. lawfulness

The processing is only lawful if:

  1. the data subject has given his consent to the processing of his personal data for one or more specific purposes;
  2. the controller can demonstrate that the data subject has given permission for the processing of his personal data, whereby:
    -> a request for permission is presented in a comprehensible and easily accessible
    form and presented in clear and simple language;
    -> the data subject has the right to withdraw his permission at any time;
    -> that withdrawal of consent is as simple as giving it;
    -> if parent consent is required: verification of the parent / guardian;
  3. the processing is necessary for the performance of an agreement to which the party concerned is party;
  4. the processing is necessary to comply with a legal obligation resting on the controller;
  5. the processing is necessary to protect the vital interests of the data subject or of another natural person:-> race or ethnic origin;
    -> political views;
    -> religious or philosophical beliefs;
    -> the membership of a trade union;
    -> genetic data;
    -> biometric data with a view to the unique identification of a person;
    -> health data;
    -> data relating to a person’s sexual behavior or sexual orientation;
  6. the processing is necessary for the fulfillment of a task of general interest;
  7. processing is necessary for the representation of the legitimate interests of the controller or of a third party.

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